Forcible Touching

What the prosecutor must prove

• The accused intentionally and for no legitimate purpose forcibly touched another person's sexual or other intimate parts.
• The purpose was to degrade or abuse the person or to gratify the accused's sexual desire.

Defenses that commonly apply

• Accidental contact or misidentification in crowded settings.
• Video and witness evidence that contradicts the accusation.
• The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
• Challenging identification, witness credibility, and the reliability of statements to police.
• Suppression of evidence or statements obtained in violation of constitutional rights.

Penalties and collateral consequences

A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.