New York Consolidated Laws
N.Y. Penal Law § 130.53 (2026)
Persistent sexual abuse
✓ current as of May 2026
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§ 130.53 Persistent sexual abuse. A person is guilty of persistent sexual abuse when he or she commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, and, within the previous ten year period, excluding any time during which such person was incarcerated for any reason, has been convicted two or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree as defined in section 130.55 of this article, sexual abuse in the second degree, as defined in section 130.60 of this article, or any offense defined in this article, of which the commission or attempted commission thereof is a felony. Persistent sexual abuse is a class E felony.
Notes of Decisions
Cited in 18
cases (12 in the last 5 years), 2010–2026 · leading case: State v. Steur, 102 A.D.3d 481 (N.Y. App. Div. 2013).
State v. Steur, 102 A.D.3d 481 (N.Y. App. Div. 2013). “The court determined that respondent was likely to commit the felony of persistent sexual abuse (Penal Law § 130.53). A person is guilty of persistent sexual abuse when he commits one of three specified misdemeanor offenses and, within the previous 10 years, has been convicted…”
People v. Hardware, 2021 NY Slip Op 06772 (N.Y. App. Div. 2021). “A person is guilty of persistent sexual abuse (Penal Law § 130.53) when the person commits any of three separately codified offenses — forcible touching (Penal Law § 130.”
People v. Vallejo, 2026 NY Slip Op 50285(U) (Kings Criminal Ct. 2026). “Footnote 3: Subsequent to his conviction on the instant matter, on May 4, 2025, defendant was arraigned and charged with one count each of Persistent Sexual Abuse (Penal Law § 130.53), Forcible Touching (Penal Law § 130.”
People v. Doctor, 108 A.D.3d 413 (N.Y. App. Div. 2013). “Defendant, who has been convicted of persistent sexual abuse (Penal Law § 130.53), has demonstrated a high risk of recidivism, and his argument that the type of misconduct in which he habitually engages is not serious enough to warrant a level three designation has been…”
People v. Hardware, 2021 NY Slip Op 06772 (N.Y. App. Div. 2021). “A person is guilty of persistent sexual abuse (Penal Law § 130.53) when the person commits any of three separately codified offenses — forcible touching (Penal Law § 130.”
People v. Carmona, 2023 NY Slip Op 00277 (N.Y. App. Div. 2023). “The fact that defendant's prior forcible touching convictions formed the basis of defendant's conviction of persistent sexual abuse (Penal Law § 130.53) is not a basis to find that the risk assessment instrument adequately took into account his prior sexual offenses.”
People v. Moore, 2025 NY Slip Op 50732(U) (N.Y. Crim. Ct., Richmond 2025). “The defendant's most recent conviction following his conviction here was a guilty verdict after trial of Persistent Sexual Abuse (Penal Law § 130.53), a Class E Felony offense, on December 17, 2019.”
People v. Moore, 2025 NY Slip Op 50732(U) (N.Y. Crim. Ct., Richmond 2025). “The defendant's most recent conviction following his conviction here was a guilty verdict after trial of Persistent Sexual Abuse (Penal Law § 130.53), a Class E Felony offense, on December 17, 2019.”
People v. Carmona, 2023 NY Slip Op 00277 (N.Y. App. Div. 2023). “The fact that defendant's prior forcible touching convictions formed the basis of defendant's conviction of persistent sexual abuse (Penal Law § 130.53) is not a basis to find that the risk assessment instrument adequately took into account his prior sexual offenses.”
People v. Corian, 77 A.D.3d 590 (N.Y. App. Div. 2010). “Defendant, who, among other things, has twice been convicted of persistent sexual abuse (Penal Law § 130.53), has demonstrated an extremely high risk of recidivism, and his argument that the type of misconduct in which he habitually engages is not serious enough to warrant a…”
People v. Garcia, 2025 NY Slip Op 01779 (N.Y. App. Div. 2025). “Supreme Court, therefore, after reviewing the grand jury minutes and determining there had been a typographical error, properly permitted the People to amend both counts in the indictment by inserting "out" at the end of the word "with" in regard to the charges of violating…”
People v. Townsend, 2026 NY Slip Op 03377 (N.Y. 2026). “This Sex Offender Registration Act (SORA) (Correction Law art 6-C) proceeding arises from defendant's conviction of persistent sexual abuse ( see Penal Law § 130.53). In 2020, after twice being convicted of forcible touching ( see id.”
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