PL 130.52 · Article 130
Forcible Touching
This statute has two alternative routes, both requiring intentional conduct without a legitimate purpose. The first involves forcible touching of sexual or intimate parts with either a degrading or abusive purpose or a sexual-gratification purpose; the second involves sexual contact with a passenger on specified authorized transit and requires both sexual gratification and intent to degrade or abuse.
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PL 130.52 · Original statutory wording; excerpts must be read together with the full section.
§ 130.52 Forcible touching.A person is guilty of forcible touching when such personintentionally, and for no legitimate purpose:1. forcibly touches the sexual or other intimate parts of anotherperson for the purpose of degrading or abusing such person, or for thepurpose of gratifying the actor's sexual desire; or2. subjects another person to sexual contact for the purpose ofgratifying the actor's sexual desire and with intent to degrade or abusesuch other person while such other person is a passenger on a bus,train, or subway car operated by any transit agency, authority orcompany, public or private, whose operation is authorized by New Yorkstate or any of its political subdivisions.For the purposes of this section, forcible touching includessqueezing, grabbing or pinching.Forcible touching is a class A misdemeanor.Read the full section at the New York State SenateIn everyday language
This statute has two alternative routes, both requiring intentional conduct without a legitimate purpose. The first involves forcible touching of sexual or intimate parts with either a degrading or abusive purpose or a sexual-gratification purpose; the second involves sexual contact with a passenger on specified authorized transit and requires both sexual gratification and intent to degrade or abuse.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove the applicable requirements beyond a reasonable doubt, including that the person accused acted intentionally and for no legitimate purpose.
- The two routes are alternatives, not cumulative requirements.
- Alternative 1: The person accused forcibly touched another person's sexual or other intimate parts either to degrade or abuse that person or to gratify the person accused's sexual desire. These purposes are alternatives within this route, and forcible touching includes squeezing, grabbing, or pinching.
- Alternative 2: The person accused subjected another person to sexual contact both to gratify the person accused's sexual desire and with intent to degrade or abuse the other person. The other person was then a passenger on a bus, train, or subway car operated by a public or private transit agency, authority, or company whose operation was authorized by New York State or one of its political subdivisions.
Defenses that commonly apply
- What evidence distinguishes intentional touching without a legitimate purpose from accidental contact or contact for a legitimate purpose?
- What evidence establishes the alleged type of touching and the purpose or purposes required by the charged alternative?
- For the transit alternative, what evidence establishes passenger status, the specified transit setting, and the operator's authorization?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000 or up to twice the gain.
Common questions about your defense
Could accidental contact on a train support a defense to forcible touching?
Both statutory alternatives require intentional conduct without a legitimate purpose, so evidence of accidental contact may challenge those requirements. The transit alternative also requires sexual contact for sexual gratification and intent to degrade or abuse, while the other alternative has its own touching and purpose requirements. The prosecutor must prove an applicable alternative beyond a reasonable doubt, and the transit setting alone does not establish the offense.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
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