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What is Forcible Touching in New York?

Posted by Daniel DuBois | Sep 20, 2021 | 0 Comments

sex crime defense lawyer dan dubois explains the crime of forcible touching

Disclaimer: This blog is not legal advice. Past results do not guarantee future success. Each case is unique according to its own facts and your experience may differ. For legal advice, please consult an experienced Buffalo defense attorney such as Dan DuBois at DuBois law. You can reach out today for a free consultation. 

If you or someone you know is a victim involved in any of the following cases, please do not hesitate to contact the authorities. You have legal rights, and no victim should feel unheard. 

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Forcible Touching is typically a  Class A Misdemeanor charge in New York State. It could trigger registration for the Sexual Offender Registry, which can make pursuing education, finding a job, or keeping your home more difficult. When accused of this crime, your best bet is New York's expert sex crimes defense attorneys at DuBois law. 

What is Forcible Touching?

Let's allow the NY State Senate to define this for us:

§ 130.52 Forcible touching.

A person is guilty of forcible touching when such person

intentionally, and for no legitimate purpose:

1. 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; or

2. subjects another person to sexual contact for the purpose of

gratifying the actor's sexual desire and with intent to degrade or abuse

such other person while such other person is a passenger on a bus,

train, or subway car operated by any transit agency, authority or

company, public or private, whose operation is authorized by New York

state or any of its political subdivisions.

For the purposes of this section, forcible touching includes

squeezing, grabbing or pinching.

Forcible touching is a class A misdemeanor.

Forcible Touching in New York

Laws relating to Forcible Touching came to New York State in 2000, as part of the Sexual Assault Reform Act Since 2015, the crime's full name has been Forcible Touching in the Second Degree, when it was amended with the second section outlined above. Forcible Touching in New York is a Class A Misdemeanor, punishable by up to one year in jail.  Because of the sexual nature of the crime though, it can be difficult to get a plea deal. Even a first offense may not get the District Attorney to offer a plea deal that avoids criminality. 

Defenses of Forcible Touching

Forcible touching can be defended based on two main strategies, Presence of Consent and Absence of Intent. The first defense would require you to prove that the act committed was consensual, the second would require you to prove that the act was done accidentally. If it's proved that the action was accidental and non-sexual, defeating the charge of forcible touching is much easier. If it's proved that consent was given, then the charge cannot be acted upon.

Disclaimer: These two examples of defeating this particular charge are indeed examples and not legal advice. Prior results do not guarantee success in your case. Each case is unique according to its own facts. The process for you may differ. For legal advice, please contact Daniel DuBois at Dubois Law. 

A New York Defense Attorney Can Help

Getting charged with anything is stressful. Here at DuBois Law, we understand, we never judge. If you're accused of forcible touching, your first call should be to an expert sex crimes defense attorney in Buffalo and New York at large.

Call DuBois Law today for a FREE consultation at (888)-684-8589 [(888) NT-GULTY] or fill out a contact form. Everyone is entitled to quality legal representation, which is why DuBois Law offers financing plans to make our services more affordable. Follow along with our blog to keep up with posts similar to this one, or check out what some other clients have had to say about their experience with retaining Daniel DuBois' services. 

You need the best defense attorney Western New York has to offer, call DuBois Law today for your FREE consultation. 

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