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NY Penal Law § 130.52: Forcible Touching
Forcible touching, NY Penal Law § 130.52, is intentionally touching another person’s sexual or intimate parts, including by squeezing, grabbing or pinching, to degrade or abuse them or for sexual gratification. It is a class A misdemeanor, but it is a sex offense, and in some cases a conviction requires sex offender registration. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who handles these sensitive cases discreetly in Nassau County and Suffolk County courts.
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NY Penal Law § 130.52 at a glance
| Forcible touching | |
|---|---|
| Statute | NY Penal Law § 130.52 |
| Charge level | Class A misdemeanor |
| Maximum jail term | Up to 364 days |
| Sex offender registration | Required if the victim was under 18, or if there is a qualifying prior conviction |
| Related charge | Sexual abuse in the third degree (PL 130.55), a class B misdemeanor |
What NY Penal Law § 130.52 says
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.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
What the prosecutor has to prove
- You intentionally touched the sexual or other intimate parts of another person.
- The touching was forcible, which includes squeezing, grabbing or pinching.
- You did it to degrade or abuse the person, or to gratify your own sexual desire.
- There was no legitimate purpose.
Penalties for forcible touching
| Outcome | What it means |
|---|---|
| Jail | Up to 364 days (class A misdemeanor). |
| Probation | A misdemeanor sex offense can carry up to 6 years of probation, often with sex offender conditions. |
| Registration | Under Correction Law 168-a, a conviction requires sex offender registration if the victim was under 18, or if the person was previously convicted of a sex offense, a sexually violent offense, or forcible touching or sexual abuse in the third degree. |
| Order of protection | A temporary order of protection is usually issued at arraignment. |
| Reduced outcome | Many cases resolve with a non-sex-offense plea, such as harassment or disorderly conduct, which avoids registration and a sex-offense record. |
Avoiding a conviction for a registrable or sex-related offense is often the most important goal in these cases. The charge you plead to matters as much as the sentence.
Accused of forcible touching?
Call before your next court date. Consultations are free, in person at our Hempstead office or by video call or phone call. We answer 24/7.
How forcible touching charges show up on Long Island
In the cases we’ve seen over the last two years, PL 130.52 charges come up about equally in Nassau County and Suffolk County, and nearly always under subdivision 1.
These cases often come from crowded bars, concerts, workplaces and stores, and from disputes between people who know each other. Video, witnesses and messages are usually the key evidence.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
At a crowded bar, a woman tells police a man grabbed her as he walked past. He says he was pushed by the crowd and never touched her intentionally. The defense obtains the bar’s video, identifies witnesses, and focuses on whether any contact was intentional and forcible, and for a sexual or degrading purpose.
Defenses to a PL 130.52 charge
- No intentional or forcible touching. Accidental contact in a crowd is not a crime.
- Purpose. The prosecutor must prove a sexual or degrading purpose.
- Identification. In crowded places, the wrong person is sometimes accused.
- Credibility. Video, messages and witnesses often contradict a complaint.
- Resolution strategy. Negotiating a non-sex-offense plea can avoid registration entirely.
Related offenses
- Sexual abuse in the third degree (PL 130.55), class B misdemeanor
- Public lewdness (PL 245.00)
- Sex offender registration and failure to register
- Harassment in the second degree (PL 240.26)
NY Penal Law § 130.52: frequently asked questions
Is forcible touching a felony in New York?
No. Forcible touching under Penal Law 130.52 is a class A misdemeanor, punishable by up to 364 days in jail. It is, however, a sex offense.
Do you have to register as a sex offender for forcible touching?
Under Correction Law 168-a, registration is required if the victim was under 18, or if the person has a qualifying prior conviction for a sex offense, a sexually violent offense, or forcible touching or sexual abuse in the third degree. Otherwise, a forcible touching conviction alone does not require registration.
Can a forcible touching charge be reduced?
Often, yes. Many cases resolve with a plea to a non-sex offense, such as harassment or disorderly conduct, which avoids a sex-offense record and registration.
Will this be confidential?
We handle these cases discreetly. Court records are generally public, which is one more reason the outcome you negotiate matters.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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