What is Unlawful Touching?
Unlawful touching describes an occurrence where one forcibly touches another person inappropriately, especially in a sexual manner without their consent. This means that the perpetrator (who in this case is referred to as the actor) touches the victims intimately, but without going as far as rape, making these two offenses different.
This applies to people of any sex and age and is thus not limited to an adult woman and a man. The crime can occur in the state of intoxication from alcohol and drugs e.g. date drugs that make it impossible for the victim to be aware of their surroundings. In NY, using a foreign object during this touching is also considered a crime.
Unlawful Touching of a Child
Children under 13 years of age are protected fiercely by the laws and for good reason. They have no ability to consent to any sexual act as it is beyond their understanding. An adult molesting a child in a lewd manner is thus committing an offense as they are subjecting them to something beyond their comprehension.
In some states, this is considered sexual battery where the adult takes advantage of a child for their sexual gratification. This also includes luring them to a secluded place or persuading them with the hopes of performing these lascivious acts. The laws also include forcing the child to look or touch the actor’s private parts.
Unlawful Touching of a Minor
Some states describe a minor as someone below 16 years while others are 17 or 18 years of age. Actors who unlawfully touch these minors inappropriately, force minors to touch themselves inappropriately as they watch can face some jail time. Touching, mauling, and looking upon minors for the actor to feel some sexual gratification is considered indecent and thus a crime.
Urinating, defecating, and ejaculating on them knowingly is against the moral and public decency laws and is also a felony. The description surrounding this crime is different in every state, which is why you need to know the laws of the specific state you reside in.
Touching Another Person Without Consent
Touching another person without their permission is in violation of penal code 130.55 and is thus considered a class B felony. It is considered a misdemeanor that is punishable by being jailed for at least 90 days. To be found guilty of this charge, one has to have subjected another person to sexual contact without them agreeing to the matter. This crosses over to sexual abuse depending on the circumstances.
Class A felony is considered a misdemeanor that carries a sentence of up to a year in jail under penal code 130.52. This describes forcible touching, where the perpetrator forces another person into sexual contact intentionally without any legitimate reason to do so. This is usually in the hopes of degrading or abusing the victim for the actor’s sexual gratification. This includes grabbing, pinching, fondling, etc. that can cause emotional and physical trauma to the victim.
If accused of such a crime, or as a victim, it is important to find yourself the best attorney you can afford. We are a team of lawyers who specialize in these cases to the best of our knowledge.
The laws of the land dictate that you are entitled to legal representation, therefore, do not attempt to face this alone.