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 § 130.65 (2026)

Sexual abuse in the first degree

✓ current as of May 2026
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§ 130.65 Sexual abuse in the first degree.
  A person is guilty of sexual abuse in the first degree when he or she
subjects another person to sexual contact:
  1. By forcible compulsion; or
  2. When the other person is incapable of consent by reason of being
physically helpless; or
  3. When the other person is less than eleven years old; or
  4. When the other person is less than thirteen years old and the actor
is twenty-one years old or older.
  Sexual abuse in the first degree is a class D felony.
Notes of Decisions
Cited in 899 cases (144 in the last 5 years), 1977–2026 · leading case: Flores v. Holder, 779 F.3d 159 (2d Cir. 2015).
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Flores v. Holder, 779 F.3d 159 (2d Cir. 2015). · cites it 13× “The agency also found that Flores was ineligible for asylum because his convictions for first-degree sexual abuse, in violation of N.Y. Penal Law § 130.65 , were aggravated felonies relating to the sexual abuse of a minor, as defined in the Immigration and Nationality Act…”
Debique v. Garland, 58 F.4th 676 (2d Cir. 2023). · cites it 3× “2020) (per curiam) (holding that a conviction under N.Y. Penal Law § 130.65 (3) constitutes “sexual abuse of a minor”).”
People v. Wells, 138 A.D.3d 947 (N.Y. App. Div. 2016). · cites it 4× “2500/98, with sexual abuse in the first degree (Penal Law § 130.65[2]), sexual abuse in the third degree (Penal Law § 130.”
People v. Fuller, 50 A.D.3d 1171 (N.Y. App. Div. 2008). · cites it 3× “Particularly, he contests the proof on the element of sexual intercourse with respect to the rape charges (see Penal Law § 130.25 [2]; § 130.”
People v. Keindl, 502 N.E.2d 577 (NY 1986). · cites it 2× “45), 10 counts of sexual abuse in the first degree (Penal Law § 130.65), 5 counts of sexual abuse in the second degree (Penal Law § 130.”
People v. Bullock, 125 A.D.3d 1 (N.Y. App. Div. 2014). · cites it 4× “Defendant is required to register as a sex offender in New York under SORA on the basis of his North Carolina conviction of sexual battery, which includes the essential elements of sexual abuse in the first degree (Penal Law § 130.65[1]). The essential elements requirement may…”
People v. Carroll, 300 A.D.2d 911 (N.Y. App. Div. 2002). · cites it 5× “Following a retrial, defendant was convicted by a jury of six counts of sexual abuse in the first degree for his conduct on specified occasions between July 1993 and February 27, 1997 in subjecting his stepdaughter — born in August 1983 — to sexual contact, either by forcible…”
People v. Mingo, 910 N.E.2d 983 (NY 2009). “The defendant in Balic was convicted of sexual abuse in the first degree under Penal Law § 130.65. Both of these crimes are “sexually violent offenses” under SORA (Correction Law § 168-a [3], [7] [b]).”
People v. Moffitt, 20 A.D.3d 687 (N.Y. App. Div. 2005). · cites it 3× “Specifically, for each of the five separate occurrences, defendant was charged with two counts of sexual abuse in the first degree for subjecting the victim to sexual contact, both counts for forcibly touching the victim (see Penal Law § 130.65 [1])—one for touching her genital…”
People v. Soulia, 263 A.D.2d 869 (N.Y. App. Div. 1999). · cites it 5× “Following a trial, a jury found defendant guilty of two counts of sexual abuse in the first degree (Penal Law § 130.65 [1], [3]), and eight counts each of sodomy in the first degree (Penal Law § 130.”
Doe, SORB No. 523391 v. Sex Offender Registry Bd., 120 N.E.3d 1263 (Mass. App. Ct. 2019). “Doe was charged with sexual abuse of a minor in the first degree, see N.Y. Penal Law § 130.65 , but the charge was ultimately nol prossed.”
People v. Udzinski, 146 A.D.2d 245 (N.Y. App. Div. 1989). “"A person is guilty of sexual abuse in the first degree when he subjects another person to sexual contact * * * [b]y forcible compulsion” (Penal Law § 130.65 [1]). The meaning of the term "forcible compulsion” embraces both the concept of actual force and the concept of the…”
Show all 899 citing cases →
— N.Y. Penal Law § 130.65(1) — 8 cases
Pressley v. Bennett, 235 F. Supp. 2d 349 (S.D.N.Y. 2003).
Mercer v. Herbert, 133 F. Supp. 2d 219 (W.D.N.Y. 2001).
People v. O'Keefe, 2025 NY Slip Op 50909(U) (N.Y. Cty. Ct., Warren Cty. 2025).
People v. Jules, 2025 NY Slip Op 05543 (N.Y. App. Div. 2025).
Matter of J.W., 2026 NY Slip Op 00868 (N.Y. App. Div. 2026).
— N.Y. Penal Law § 130.65(3) — 5 cases
Rodriguez v. Barr, 975 F.3d 188 (2d Cir. 2020).
Matter of P.C., 2005 NY Slip Op 52232(U) (N.Y. Fam. Ct., Nassau Cty. 2005).
Matter of J.W., 2026 NY Slip Op 00868 (N.Y. App. Div. 2026).
Matter of Alexandria F. (George R.), 2018 NY Slip Op 7122 (N.Y. App. Div. 2018).
Matter of P./R. Child., 2007 NY Slip Op 50258(U) (N.Y. Fam. Ct., Kings Cty. 2007).
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