NY · jury_instructions
CJI2d[NY] Penal Law § 130.52 (1)
FORCIBLE TOUCHING
The (specify) count is Forcible Touching.
Under our law, a person is guilty of Forcible Touching when he or she 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.
Under our law, it is also an element of this offense that the sexual act was committed without consent.² Forcible touching takes place without a person’s consent when it results from any circumstances in which a person does not expressly or impliedly acquiesce to the actor’s conduct.³
The following terms used in that definition have a special meaning:
FORCIBLY TOUCHING another includes squeezing, grabbing, pinching, rubbing, or other bodily contact involving the application of some level of pressure to the victim's sexual or intimate parts.⁴
Intent means conscious objective or purpose. Thus, a person INTENTIONALLY forcibly touches the sexual or other intimate parts of another person when that person's conscious objective or purpose is to do so.⁵
In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following three elements:
1. That on or about (date), in the county of (County), the defendant (defendant’s name), forcibly touched the sexual or other intimate parts of (complainant’s name) for the purpose of degrading or abusing him/her, or for the purpose of gratifying the defendant’s sexual desire;
2. That the defendant did so intentionally and for no legitimate purpose; and
3. That the defendant did so without the consent
of (complainant’s name) in that he/she did not expressly or impliedly acquiesce to the defendant’s conduct.
If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.
If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.³
History
Caption: FORCIBLE TOUCHING Penal Law § 130.52 (1) (Committed on or after Nov. 1, 2003) (Revised Dec. 2013 and June 2014). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
73544868b1967ca0143e1de612653c045cf6769fc72071c40192e0fd136334db
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