PL 130.55 · Article 130

Sexual Abuse in the Third Degree

Sexual abuse in the third degree alleges that a person subjected another to sexual contact without that person's consent. It is a misdemeanor, but it still can carry sex-offender registration.

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What the prosecutor must prove

  • The accused subjected another person to sexual contact.
  • The other person did not consent.

Defenses that commonly apply

  • Accidental or non-sexual contact, such as in a crowd.
  • Consent and credibility.
  • 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 B Misdemeanor carries a maximum sentence of up to 3 months and a fine of up to Up to $500 or up to twice the gain.

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

Related charges

Related practice areas

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