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 § 130.60 (2026)

Sexual abuse in the second degree

✓ current as of May 2026
Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar 
§ 130.60 Sexual abuse in the second degree.
  A person is guilty of sexual abuse in the second degree when he or she
subjects another person to sexual contact and when such other person is:
  1. Incapable of consent by reason of some factor other than being less
than seventeen years old; or
  2. Less than fourteen years old.
  Sexual abuse in the second degree is a class A misdemeanor.
Notes of Decisions
Cited in 183 cases (27 in the last 5 years), 1985–2026 · leading case: Debique v. Garland, 58 F.4th 676 (2d Cir. 2023).
Sort: Relevance Newest Treatment
Debique v. Garland, 58 F.4th 676 (2d Cir. 2023). · cites it 27× “The IJ and BIA concluded that Debique is removable because his prior conviction for sexual abuse in the second degree under N.Y. Penal Law § 130.60 (2) is both (1) “sexual abuse of a minor,” 8 U.”
People v. Rose, 2020 NY Slip Op 3954 (N.Y. App. Div. 2020). · cites it 3× “As relevant here, to be found guilty of sexual abuse in the second degree, the People were required to prove that defendant subjected the victim to sexual contact when the victim was less than 14 years old ( see Penal Law § 130.”
People v. Moffitt, 20 A.D.3d 687 (N.Y. App. Div. 2005). · cites it 3× “Likewise, for each of the five incidents, defendant was charged with two counts of sexual abuse in the second degree for having sexual contact with a victim under age 14 (see Penal Law § 130.60 [2])—one count for touching the victim’s genital area and one count for touching her…”
People v. Keindl, 502 N.E.2d 577 (NY 1986). “65), 5 counts of sexual abuse in the second degree (Penal Law § 130.60), and 3 counts of endangering the welfare of a child *415 (Penal Law § 260.”
Richard L. v. Armon, 144 A.D.2d 1 (N.Y. App. Div. 1989). · cites it 3× “On October 15, 1986, the defendant Richard Armón appeared in the County Court, Nassau County, and pleaded guilty to the crime of sexual abuse in the second degree (Penal Law § 130.60 [2]), a class A misdemeanor.”
People v. Farwell, 26 Misc. 3d 26 (N.Y. App. Term. 2009). “10 [1]) and sexual abuse in the second degree (Penal Law § 130.60 [2]). After a jury trial, defendant was convicted of both charges.”
Laurie Marie M. v. Jeffrey T. M., 159 A.D.2d 52 (N.Y. App. Div. 1990). · cites it 2× “In the instant case, the defendant admitted in his trial testimony that he touched the plaintiff’s breasts and vagina, an admission that he was guilty of sexual abuse in the second degree (see, Penal Law § 130.60). Accordingly, we find that the trial court properly granted the…”
Doe v. Alsaud, 224 F. Supp. 3d 286 (S.D.N.Y. 2016). · cites it 2× “2d 336 (2d Dep’t 1990) (finding from prior proceeding that defendant was guilty of sexual abuse in the second degree pursuant to Penal Law § 130.60 was proper basis for granting plaintiff judgment as a matter of law on her battery cause of action).”
Small, 23 I. & N. Dec. 448 (BIA 2002). · cites it 2× “” N.Y. Penal Law § 130.60 (McKinney 2000). The term “sexual contact” is defined as the “touching of the sexual or other intimate parts of a person .”
In re Hasan C., 59 A.D.3d 617 (N.Y. App. Div. 2009). “25 [2]), sexual abuse in the second degree (see Penal Law § 130.60 [2]), and sexual abuse in the third degree (see Penal Law § 130.”
People v. Britton, 99 N.E.3d 852 (2018). “50[4] ), all felony charges, and convicted of one count of second-degree sexual abuse ( Penal Law § 130.60[2] ), a misdemeanor. Despite the acquittal of the felony charges, the SORA court assessed defendant points for having committed the specific conduct on which these charges…”
Schmidt v. Bishop, 779 F. Supp. 321 (S.D.N.Y. 1991). “N.Y.Penal Law § 130.60 (McKinney 1987); N.”
Show all 183 citing cases →
— N.Y. Penal Law § 130.60(2) — 2 cases
Garcia v. Decker (S.D.N.Y. 2022).
Garcia v. Decker (S.D.N.Y. 2023).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.