What's happening
This bill changes the crime of "forcible touching" to "unwanted touching," removing intent requirements and broadening protections against non-consensual contact.
Why it matters
Lowers the burden of proof for victims. By removing the requirement to prove the perpetrator's intent (such as acting to degrade, abuse, or gratify sexual desire), the law makes it easier for victims to seek justice, as prosecutors no longer need to establish the actor's motive—only that the touching was non-consensual.
Protects a broader range of survivors. The change from "forcible" to "unwanted" touching means that less overtly aggressive or violent forms of non-consensual contact (such as rubbing or grabbing) are explicitly included, covering a wider range of inappropriate behavior.
Explicitly addresses public transit incidents. The bill maintains and clarifies protections for individuals experiencing unwanted sexual contact while using buses, trains, or subways, recognizing the prevalence and impact of such incidents in public transportation settings.
Signals a shift toward consent-based standards. By centering the definition on the absence of consent rather than the perpetrator’s subjective intent, the law aligns with modern approaches that prioritize the experience and autonomy of the person being touched.
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Who cares
Headline styles
Remove Intent for Unwanted Touching
Plain English, a few words. Used as the page title.
Sponsors
4 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
754
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. ROSENTHAL, SEAWRIGHT, SIMON, ROZIC, WEPRIN -read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to modifying the offense of "forcible touching" to "unwanted touching" and by removing certain elements of the actor's intent
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 130.52 of the penal law, as amended by chapter 264 of the laws of 2003, the opening paragraph and subdivision 1 as amended and subdivision 2 as added by chapter 250 of the laws of 2015, is amended to read as follows: § 130.52 [Forcible] Unwanted touching.
A person is guilty of [forcible] unwanted touching when such person intentionally, and for no legitimate purpose:
1. [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] without the latter's consent; or
2. subjects another person to sexual contact [for the purpose of gratifying the actor's sexual desire and with intent to degrade or abuse such other person] without the latter's consent while such other person is a passenger on a bus, train, or subway car operated by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions.
For the purposes of this section, [forcible] unwanted touching includes but is not limited to squeezing, grabbing, rubbing or pinching.
[Forcible] Unwanted touching is a class A misdemeanor.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00996-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.