New York Forcible Touching (PL § 130.52) Defense: All You Need to Know!

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By Jeffery Greco

Forcible touching is a class A misdemeanor in New York, as defined by state law, PL § 130.52. According to this statute, forcible touching includes unwanted body touching that is sexually motivated. If you are looking for an attorney to help with a New York Forcible Touching (PL § 130.52) defense, Greco Neyland, PC, has the skills and experience to help.

What Is Forcible Touching in New York?

According to the New York forcible touching law outlined in PL § 130.52, this crime occurs when a person is guilty of intentionally touching someone in a sexual manner or with sexual motivation, without their consent. This includes acts of:

  1. Forcibly touching another person’s intimate parts for the purposes of degrading or abusing the person, or for the actor’s sexual gratification.
  2. Subjecting another person to sexual contact for sexual gratification with the intent to degrade or abuse them while the other person is on a bus, train, or subway car, or in some form of transportation

According to the law, forcible touching includes squeezing, grabbing, or pinching. The second part of the law was added later to include the bus, train, and subway car environments, where sex crime abuse is common.

​Forcible Touching Defenses​

In 2023, 4,486 sex-based crimes were reported on New York City’s subways, with 3,916 being forcible touching. Sex crimes fall under the jurisdiction of the New York City Criminal Court, located on Centre Street. When you hire a sex crime attorney from Greco Neyland, PC, they can use their extensive legal knowledge and local resources to help build a powerful defense on your behalf.

​Depending on the circumstances of your situation, there are several different directions your defense can take. Common defenses include:

  • Proving a lack of criminal intent
  • Presence of consent (even implied)
  • Mistaken identity
  • Touching was accidental rather than for sexual gratification or abuse
  • Allegations were based on false evidence

When you need a New York Forcible Touching (PL § 130.52) defense, you can trust that our firm has the experience needed to protect your rights and your future. We can look closely at the charges against you to determine what is factual and fight the allegations you’re facing.

Forcible Touching Penalties

Although there are numerous defenses to forcible touching that an experienced attorney can apply, it is still useful to understand New York sex crime laws and the penalties that forcible touching can carry. As a Class A misdemeanor in New York, forcible touching typically carries penalties of:

  • Up to one year in jail
  • Six-year probation
  • $1000 fine
  • Mandatory Sex Offender Registration (SORA) if the victim is under 18

Why Should I Hire a Sex Crime Lawyer in New York?

Because of the legal and personal penalties that forcible touching can carry, it is essential to hire a NYC sex crime lawyer as soon as possible. Facing sex crime charges comes with stigmas and stereotypes that can follow you for life, even when you’re not convicted. At Greco Neyland, PC, our former prosecutors understand the tactics used by New York courts, and can leverage that insight with our legal knowledge and courtroom experience to build a powerful defense.

Contact Greco Neyland, PC, Today

When you need a sex crime attorney, look no further than Greco Neyland, PC. Our compassion, transparency, and years of experience allow us to provide superior defense services for those who need them most. Contact us to schedule your consultation today.

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About The Author

Jeffery Greco

Jeffery Greco is an attorney providing legal services covering Criminal Defense and Criminal Defense: White Collar and Criminal Defense: DUI / DWI. Jeffery Greco, who practices law in New York, New York, was selected to Super Lawyers for 2020 - 2023. This peer designation is awarded only to a select number of accomplished attorneys in each state. The Super Lawyers selection process takes into account peer recognition, professional achievement in legal practice, and other cogent factors. Prior to becoming an attorney, he studied at South Texas College of Law Houston. He graduated in 2004. After passing the bar exam, he was admitted to legal practice in 2005.

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