New York statute
N.Y. Penal Law § 130.55 — Sexual abuse in the third degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 130: Sex Offenses, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 130.55
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
Official sources
Legal terms used in this section
Questions this section answers
What class of misdemeanor is sexual abuse in the third degree in New York?
Sexual abuse in the third degree is a Class B Misdemeanor in New York under N.Y. Penal Law § 130.55.
Which New York statute covers sexual abuse in the third degree?
Sexual abuse in the third degree is governed by N.Y. Penal Law § 130.55 (Sexual abuse in the third degree).
This reference is informational and is not legal advice.