New York Forcible Touching Lawyer | Sexual Abuse Attorney NYC
Most Forcible Touching and Sexual Abuse crimes are misdemeanors. However, in some situations, these crimes are felonies. And, some Forcible Touching and Sexual Abuse crimes may trigger Sex Offender designation and require registration with the Sexual Offender Registry. Retaining an expert NYC-based Forcible Touching Attorney or Sexual Abuse Defense Lawyer in Manhattan early on in your case is critical to receiving a favorable outcome. Forcible Touching and Sex Abuse are eligible crimes under New York Child Victims Act.
Registry requirements are onerous, a few of which include:
- Frequent reporting of residence;
- Notification of new address within 10 days of moving; and
- Updating photographs taken at the local police department
Failure to comply with registration requirements is itself a felony.
Forcible Touching in New York
Forcible Touching laws originated in New York in 2000, as part of the Sexual Assault Reform Act. Since early 2015, the crime has been designated Forcible Touching in the Second Degree.
Forcible Touching
A person commits Forcible Touching when he or she 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
- Gratifying the actor’s sexual desire; or
- Touches or rubs his or her sexual or intimate body parts, clothed or unclothed
- Against any body part of another person, clothed or unclothed
- For the purpose of
- Gratifying sexual desire; or
- Abusing or degrading such other person
- While such person is a passenger on a bus, train or subway car authorized to operate in New York state or any of its political subdivisions
Forcible Touching, Penal Law Section 130.52, is a class A misdemeanor punishable by up to 1 year in jail. However, the opportunities for a plea agreement are more limited than in most misdemeanor cases. The District Attorney may not offer a non-criminal plea, even for a first offender. And, if some form of conditional discharge is offered, it will typically depend on completion of a mandated treatment program or sessions with a private therapist.
Forcible Touching and Sex Offender Registration
A first-time convection for Forcible Touching does not require Sex Offender registration. However, there are two circumstances in which a person convicted of the crime will be required to register:- The victim is under the age of 18; or
- The person has a prior conviction of the crime, an attempt to commit the crime, or a conviction under a similar statute in another jurisdiction
Sexual Abuse in New York
“Sexual Abuse” in New York covers a range of behaviors, resulting in varied penalties.
Sexual Abuse in the Third Degree
A person commits Sexual Abuse in the Third Degree, Penal Law Section 130.55, when he or she subjects another person to sexual contact without the latter’s consent. For purposes of the statute, sexual contact is defined as “touching the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either.”The crime is classified as a class B misdemeanor, punishable by up to 90 days in jail, and is often charged along with Forcible Touching in the Second Degree. Because of the nature of the crime, plea agreement and conditional discharge options are limited, as they are with regard to Forcible Touching charges.
Sexual Abuse in the Second Degree
Sexual Abuse in the Second Degree, Penal Law Section 130.60, occurs when one subjects another person to sexual contact and that person is either:
- Incapable of consent for some reason other than being under the age of 17; or
- Under the age of 14
Sexual Abuse in the Second Degree is a registerable sex offense. The crime is a class A misdemeanor, punishable by up to 1 year in jail. However, the judge also has the following options:
- A straight unconditional discharge;
- A 1-year conditional discharge;
- Probation for 6 years; or
- A split sentence of up to 60 days in jail and 6 years of probation or a 1-year conditional discharge
Sexual Abuse in the First Degree
Sexual Abuse in the First Degree, Penal Law Section 130.65, is charged when a person subjects another to sexual contact:
- By forcible compulsion;
- When the other person is incapable of consent by reason of being physically helpless;
- When the other person is less than 11 years old; and
- When the other person is less than 13 years old and the actor is at least 21 years old
Sexual Abuse in the First Degree is a class D violent felony and a registerable sex offense. A first offender may be punished by up to 7 years in prison. The judge also has the options of:
- A straight unconditional discharge;
- A 3-year conditional discharge;
- Probation for 10 years;
- A split sentence of up to 6 months in jail and 10 years of probation or a 3-year conditional discharge
Persistent Sexual Abuse
A person is guilty of Persistent Sexual Abuse, Penal Law Section 130.53, if he or she commits the crime of Forcible Touching in the Second Degree or Sexual Abuse in the Second or Third Degree and has been convicted of any of these crimes at least twice in the past 10 years, excluding time in jail or prison.
Persistent Sexual Abuse in the First Degree is a class E violent felony and a registerable sex offense. It is punishable by up to 7 years in prison for a first offender. A judge also has the following options:
- A straight unconditional discharge;
- A 3-year conditional discharge;
- Probation for 10 years; or
- A split sentence of up to 6 months in jail and 3, 4 or 5 years of probation or a 3-year conditional discharge
New York State Sexual Offender Registry
Many of the crimes described herein require Sex Offender Registration. Those required to register as sex offenders are classified based on the risk of committing an additional sex crime and the harm to the community, as determined at a hearing. The offender may be classified as:
- Level 1: Low risk requiring registration for 20 years unless the offender has been designated a sexual predator, violent offender or predicate offender
- Level 2: Moderate risk, requiring registration for life
- Level 3: High risk, requiring registration for life
Failure to comply with registration requirements is a class E felony, and is elevated to a class D felony for a second offense.
