Forcible Touching (PL § 130.52) Defense Lawyer - NYC

What is forcible touching?

Forcible touching is when someone intentionally, and for no legitimate purpose, forcibly touches the sexual or intimate parts of another person for the purpose of degrading or abusing such person, or for sexual gratification, or, with the same intentions, subjects someone to sexual contact on mass transit.

Forcible touching is often charged with Sexual Abuse in the Third Degree and both are misdemeanor sex crimes in New York. Sexual abuse is, generally, subjecting someone to unwanted sexual contact. Forcible touching is punishable by up to 364 days in jail, and, if the victim was a minor or if there is a prior sex offense conviction, sex offender registration would be required.

Forcible touching penalties:

• Up to 364 days in jail
• Probation for 6 years
• $1,000 fine per misdemeanor
• Possible sex offender registration
• Permanent criminal record
• Immigration consequences

Forcible touching cases in NYC

We have successfully defended numerous forcible touching cases throughout New York City. Arrests for this offense are more common in Manhattan because the police target crowded subway trains which are more common in Manhattan. The Manhattan District Attorney aggressively prosecutes forcible touching cases as the public has voiced significant alarm over the prevalence of sex offenses committed in the subway and other crowded places in public. It is not uncommon for the District Attorney to fight for a jail sentence even if it is someone’s first time being arrested. In defending cases like these, we first try to set up a case evaluation to go over the specifics of each and every case. Because winning a case in criminal court comes down to revealing a source of reasonable doubt, our analysis targets discrepancies and weaknesses in the prosecutor’s case. We seek police records, witness statements, and investigate the allegations to see what the prosecutor claims our client did and, from there, we build a defense that will maximize ways to get it dismissed. In a single case, we may review hundreds of documents, images, and court filings to pursue the best possible defense strategy. We have obtained dismissals based on lack of proof beyond a reasonable doubt, prosecutorial error, and on other grounds. If dismissal isn’t possible, we pursue any and all possible ways to negotiate an outcome that avoids jail, a criminal record, and sex offender registration. If you or a loved one has been charged with forcible touching or any other New York City sex crime, contact us today for a case evaluation.

Statute

Forcible touching

§ 130.52 Forcible touching. 

A person is guilty of forcible touching when such person 
intentionally, and for no legitimate purpose: 

1. forcibly touches the sexual or other intimate parts of another 
person for the purpose of degrading or abusing such person, or for the 
purpose of gratifying the actor's sexual desire; or 

2. subjects another person to sexual contact for the purpose of 
gratifying the actor's sexual desire and with intent to degrade or abuse 
such other person while such other person is a passenger on a bus, 
train, or subway car operated by any transit agency, authority or 
company, public or private, whose operation is authorized by New York 
state or any of its political subdivisions. 

For the purposes of this section, forcible touching includes 
squeezing, grabbing or pinching. 

Forcible touching is a class A misdemeanor.