Stephen Bilkis
Fighting For Your Freedom! 800.696.9529 Request A Free Consultation

New York Penal code § 130.52: Forcible Touching

New York Penal Code § 130.52 describes forcible touching as intentionally touching the sexual or intimate parts of someone else for no reason or in order to receive sexual gratification. Touching can mean squeezing, grabbing, or pinching. While it is serious, it is not a felony like most other sex crime. It is a class A misdemeanor. While forcible touching sometimes occurs in public areas such as on a crowded subway platform or at a nightclub, it also occurs in private residences.

Examples

While standing in a crowded subway car a man places his fingers on a woman's vagina through her clothing. This man could be prosecuted for forcible touching as he did not have consent to touch the woman.

In another example the 25 year old uncle of a 14 year old girl uses his penis to touch the girl's vaginal area through her pants. A prosecutor could charge the uncle with forcible touching as a 14 year old is too young to consent to sexual contact.

Related offenses
  1. Sexual misconduct: New York Penal Code § 130.20
  2. Sexual abuse in the second degree: New York Penal Code § 130.60
Defenses

As with any sex crime there may be defenses that could help your case. If, for example, you can show that the touching was accidental, then you have a valid defense. Or, if you can show that the person you touched consented to the touching, then you have a valid defense. These are just two possible defenses. Depending on the specific facts of your case, there may be other defenses such as mistaken identity or statute of limitations.

Sentence

Because forcible touching is a class A misdemeanor the maximum possible sentence is up to one year in jail. If you are a first time offender it is possible that your sentence will not include any jail time, but just probation. If you are sentenced to probation, since forcible touching is both a misdemeanor and a sex crime, the probation term will be 6 years.

In addition, if you are convicted of forcible touching and the victim was under the age of 18 years old, you will be placed on the sex offender registry as required by New York correction law § 168, known as the Sex Offender Registration Act (SORA). This means that you will have to register with law enforcement your name, address and other personal information. You will have to comply with the sex offender registration and verification for at least 20 years and possible for the rest of your life.

New York Penal Code § 130.52: Forcible touching

A person is guilty of forcible touching when such 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.

For the purposes of this section, forcible touching includes squeezing, grabbing or pinching.

Contact the Law Offices of Stephen Bilkis & Associates

While a charge of forcible touching may not seem serious since it is a misdemeanor, a charge of forcible touching may lead to additional charges. In addition, a conviction of forcible touching may lead to you being labeled a registered sex offender. For this reason it is important to immediately contact experienced representation as soon as you are accused of forcible touching, persistent sexual abuse or any sex crime. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with sex crimes such as aggravated sexual abuse, criminal sexual act in the first degree as well as other sex crimes such as sexual misconduct, criminal sexual act, forcible touching, sexual abuse, sexual conduct against child, female genital mutilation, and facilitating a sexual offense with a controlled substance. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens<>, Staten Island, Suffolk County and Westchester County.

Client Reviews
★★★★★
My wife and I met under some unconventional circumstances. After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. I then had his firm represented my wife and he got her out of trouble! We are still married and got our ways straightened away. We both can't thank him enough for saving our lives and our families!
★★★★★
I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. P.R.
★★★★★
I was in need of legal assistance for a very sensitive matter for a family member. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. The lawyer handling our case had many years of experience and treated us as if we were his own family. Our experience was so good, and we became so close to all of the staff and all of the attorneys who assisted us, that we consider them our extended family and continue to send them our home baked gifts for the holidays. P.A.K.
CONTACT US FOR A FREE CONSULTATION
1-800-NY-NY-LAW (1-800-696-9529)
captcha