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 § 130.55 (2026)

Sexual abuse in the third degree

✓ current as of May 2026
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§ 130.55 Sexual abuse in the third degree.
  A person is guilty of sexual abuse in the third degree when he or she
subjects another person to sexual contact without the latter's consent;
except that in any prosecution under this section, it is an affirmative
defense that (a) such other person's lack of consent was due solely to
incapacity to consent by reason of being less than seventeen years old,
and (b) such other person was more than fourteen years old, and (c) the
defendant was less than five years older than such other person.
  Sexual abuse in the third degree is a class B misdemeanor.
Notes of Decisions
Cited in 260 cases (66 in the last 5 years), 1983–2026 · leading case: People v. Guaman, 8 N.E.3d 324 (N.Y. 2014).
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People v. Guaman, 8 N.E.3d 324 (N.Y. 2014). · cites it 4× “Defendant was charged with third-degree sexual abuse (Penal Law § 130.55), forcible touching (Penal Law § 130.”
The People v. Frankie Hatton, 44 N.E.3d 188 (N.Y. 2015). · cites it 2× “52), sexual abuse in the third degree (Penal Law § 130.55) and harassment in the second degree (Penal Law § 240.”
People v. Wells, 138 A.D.3d 947 (N.Y. App. Div. 2016). · cites it 4× “65[2]), sexual abuse in the third degree (Penal Law § 130.55), incest in the third degree (Penal Law § 255.”
People v. Maldonado, 2017 NY Slip Op 676 (N.Y. App. Div. 2017). · cites it 2× “The Supreme Court properly determined that the Colorado offense of unlawful sexual contact (see CRS § 18-3-404 [1] [a]) includes all of the essential elements of New York’s offense of sexual abuse in the third degree (see Penal Law § 130.55), which constitutes a registrable sex…”
United States v. Frederick C. Rezin, 322 F.3d 443 (7th Cir. 2003). “720 ILCS 5/12-15, 5/12-16; N.Y. Penal Law § 130.55 -.70. Some states use the term “sexual abuse of minors,” but this just confirms that the term “sexual abuse” requires a modifier to limit it to minors.”
People v. Quinto, 964 N.E.2d 379 (N.Y. 2012). · cites it 2× “10 [1] [a class A misdemeanor]); two counts of sexual abuse in the third degree (Penal Law § 130.55 [a class B misdemeanor]); and harassment in the second degree (Penal Law § 240.”
People v. Sumpter, 97 N.Y.2d 762 (N.Y. App. Term. 2001). · cites it 4× “The complainant called a colleague on her cellular telephone and told him about the incident within 10 minutes of its occurrence, and formally reported the incident to the police within five days. Viewing the evidence in the light most favorable to the People (see, People v…”
In re Hasan C., 59 A.D.3d 617 (N.Y. App. Div. 2009). “, 69 NY2d 792, 793 [1987]), we find that it was legally sufficient to establish that the appellant committed acts, which, if committed by an adult, would have constituted the crimes of burglary in the second degree (see Penal Law § 140.”
People v. Bedros Yavru-Sakuk, 772 N.E.2d 1145 (N.Y. 2002). “Defendant, a dentist, was convicted of sexual abuse in the third degree (Penal Law § 130.55) for fondling a 17-year-old girl during an appointment.”
People v. Fuller, 50 A.D.3d 1171 (N.Y. App. Div. 2008). “15 [2] *1176 [a]; People v Roberts, 134 AD2d 856, 856 [1987]), as the evidence is sufficient to show that defendant subjected victim B to sexual contact without her consent (see Penal Law § 130.55; People v Teicher, 52 NY2d 638, 646-647 [1981]; Matter of Randolph P.”
People v. Reynolds, 2022 NY Slip Op 07326 (N.Y. App. Div. 2022). · cites it 2× “Memorandum: Defendant appeals from a judgment convicting him following a nonjury trial of three counts of sexual abuse in the third degree (Penal Law § 130.55) and one count each of criminal sexual act in the third degree (§ 130.”
People v. McCray, 96 A.D.3d 1480 (N.Y. App. Div. 2012). “Memorandum: On appeal from a judgment convicting him upon a jury verdict of sexual abuse in the third degree (Penal Law § 130.55) and criminal sexual act in the third degree (§ 130.”
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