N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation / ARTICLE Sex Offenses
New York Consolidated Laws

N.Y. Penal Law § 130.52 (2026)

Forcible touching

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 237 cases (94 in the last 5 years), 2002–2026 · leading case: The People v. Frankie Hatton, 44 N.E.3d 188 (NY 2015).
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The People v. Frankie Hatton, 44 N.E.3d 188 (NY 2015). · cites it 9× “Defendant was originally arraigned on three accusatory instruments, each charging him with two counts of forcible touching (Penal Law § 130.52), sexual abuse in the third degree (Penal Law § 130.”
People v. Guaman, 8 N.E.3d 324 (NY 2014). · cites it 5× “55), forcible touching (Penal Law § 130.52) and public lewdness (Penal Law § 245.”
Matter of Brianna M. (Corbert G.), 2017 NY Slip Op 5604 (N.Y. App. Div. 2017). “Moreover, the evidence adduced at the fact-finding hearing was sufficient to prove, by a preponderance of the evidence, that the appellant sexually abused the child Britan F.”
People v. Martin, 23 Misc. 3d 67 (N.Y. App. Term. 2009). · cites it 5× “The information charged defendant with forcible touching (Penal Law § 130.52 [2]). The accusatory portion thereof provided in pertinent part as follows: “§ 130.”
People v. Martinez, 125 A.D.3d 735 (N.Y. App. Div. 2015). “The defendant contends that the County Court improperly assessed him 10 points under risk factor 1 for “forcible compulsion,” since this was not an element of the underlying crime of which he was convicted (see Penal Law § 130.52). However, “the court was not limited to…”
Crawford v. Cuomo, 796 F.3d 252 (2d Cir. 2015). “, N.Y. Penal Law § 130.52 ("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…”
People v. Garcia, 2021 NY Slip Op 01433 (N.Y. App. Div. 2021). · cites it 2× “The Supreme Court properly assessed the defendant 30 points under risk factor 9 (number and nature of prior crimes), for his prior conviction of forcible touching in violation of Penal Law § 130.52, which is a misdemeanor sex crime for the purposes of risk factor 9 ( see Sex…”
Stampf v. Long Island R.R., 761 F.3d 192 (2d Cir. 2014). “” N.Y. Penal Law § 130.52 (emphasis added).”
People v. Fuller, 50 A.D.3d 1171 (N.Y. App. Div. 2008). “One who “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,” is guilty of forcible touching (Penal…”
Matter of D.S. (Shaqueina W.), 2017 NY Slip Op 988 (N.Y. App. Div. 2017). “(see Family Ct Act §§ 1012 [e] [iii]; 1046 [b] [i]; Penal Law § 130.52 [1]). D.S. testified that the respondent, on three occasions, grabbed her buttocks, and, when she looked at him, the respondent said “what,” and smiled.”
State v. Mark S., 87 A.D.3d 73 (N.Y. App. Div. 2011). “In October 2004, while on probation, respondent was charged with forcible touching (see Penal Law § 130.52) for forcibly grabbing the breasts and vagina of an 18-year-old employee of his drywall business.”
People v. Lewis, 37 A.D.3d 689 (N.Y. App. Div. 2007). “The defendant was convicted on September 28, 2004 of forcible touching under Penal Law § 130.52. Immediately before the imposition of sentence, a hearing was held to determine the defendant’s risk level pursuant to the Sex Offender Registration Act (see Correction Law article…”
Show all 237 citing cases →
— N.Y. Penal Law § 130.52(1) — 8 cases
Watson v. Roanoke Is. Historical Assn., 2026 NY Slip Op 02949 (N.Y. App. Div. 2026).
People v. Moore, 2025 NY Slip Op 50732(U) (N.Y. Crim. Ct., Richmond 2025).
People v. Moore, 2025 NY Slip Op 50732(U) (N.Y. Crim. Ct., Richmond 2025).
Aguilar v. Wishner, 2025 NY Slip Op 07265 (N.Y. App. Div. 2025).
People v. Tovar (Virgilio) (N.Y. App. Term. 2023).
— N.Y. Penal Law § 130.52(2) — 2 cases
People v. Tovar (Virgilio) (N.Y. App. Term. 2023).
People v. Tovar (Virgilio) (N.Y. App. Term. 2023).
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