Forcible touching in New York refers to the act of intentionally and forcibly touching another person’s intimate parts without their consent. This offense is addressed under New York Penal Law Section 130.52. Under this statute, a person commits forcible touching when they intentionally touch another person’s intimate parts, such as their genitals, buttocks, or female breasts, for the purpose of gratifying their own sexual desire or to degrade or abuse the victim. The touch must be done forcibly and without the consent of the other person. Forcible touching is a sex crime and is a misdemeanor in New York.
Force can be physical or non-physical, such as threats or coercion, and it must be used to overcome the other person’s resistance or to prevent them from resisting the touching. Like with any sex crime, consent is a crucial factor in determining whether an act of touching constitutes forcible touching, and the absence of consent is a key element in establishing guilt under this statute.