Forcible touching is a class A misdemeanor under § 130.52. The crime of forcible touching occurrs when a person intentionally, and for no legitimate purpose:
- 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
- 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.
Attorney for Forcible Touching Charges in Manhattan
If you were charged with a § 130.52 crime for forcible touching in Manhattan, then contact an experienced criminal defense attorney to discuss your best defense to this class A misdemeanor. Our attorneys represent clients for a wide range of violent and sexually motivated crimes throughout Manhattan and New York City.
We provide a free consultation to discuss your case and possible defenses. Call (212) 951-1300 today.
Definitions within New York’s Forcible Touching Statute
For the purposes of New York’s statute for forcible touching under § 130.52, the term “forcible touching” is defined as squeezing, grabbing or pinching. Despite the statutory definition, the courts have used a broad definition of what constitutes a forcible touch, namely, “any bodily contact involving the application of some level of pressure to the victim’s sexual or intimate parts qualifies as a forcible touch….” People v. Guaman, 22 N.Y.3d 678, 985 N.Y.S.2d 209, 8 N.E.3d 324 (2014).
Subdivision two was added by the Laws of 2015 when the cirme takes place while the victim is a passenger on a bus, train, or subway specified in the statute. The crime was in response to several cases in which predators took advantage of crowded subway trains in order to press against the private parts against other people.
Subdivision two requires that the defendant “subject[ ] another to ‘sexual contact’ ” [defined in Penal Law § 130.00(3)]. The term “sexual contact” is defined as the “touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party” and includes the “emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.”
Penal Law § 130.05 requires that the act be committed without the victim’s consent, meaning that “the victim does not expressly or impliedly acquiesce in the actor’s conduct” (Penal Law § 130.05[c]; see also § 130.05 ). Thus, lack if consent is also an essential element of the offense of forcible touching (Penal law § 130.05).
Many of these cases involve allegations that a man surreptitiously approached a women to rub up against her. In these types of cases, the women do not expressly or impliedly acquiesced to defendant’s conduct. Absent evidence of acquiescence, lack of consent is established (Penal Law § 130.05[c] ).
The factual allegations in the case must satisfy the facial sufficiency standard for the actus reus elements of the offense. In People v. Guaman, 22 N.Y.3d 678, 684 (2014), the court found “when done with the relevant mens rea, any bodily contact involving the application of some level of pressure to the victim’s sexual or intimate parts qualifies as a forcible touch within the meaning of Penal Law § 130.52.”
Attorneys for Forcible Touching in Manhattan
If you were charged with forcible touching in Manhattan, then contact a criminal defense attorney at Greco Neyland, PC. We represent clients for a variety of violent crimes including assault, domestic violence, strangulation, and child endangerment.
Call us to discuss your case today. Find out what you need to do right now to protect your rights. Call [[$phone] today.
This article was last updated on Tuesday, June 7, 2016.
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