New York Penal Code Section 130.20 - Sexual Misconduct

A person commits sexual misconduct when they engage in sexual intercourse or oral or anal sexual conduct with another person without their consent or they engage in sexual conduct with an animal or corpse

New York Penal Code Section 130.52 - Forcible Touching

A person commits forcible touching when they intentionally, and for no legitimate purpose:

1. forcibly touch the sexual or other intimate parts of another to degrade or abuse them or to gratify their own sexual desire; or

2. subject another to sexual contact to gratify their own sexual desire and with the intent to degrade or abuse another while the other person is on public transportation.

Forcible touching includes squeezing, grabbing, or pinching.

New York Penal Code Section 130.55 - Sexual Abuse in the Third Degree

A person commits sexual abuse in the third degree when they subject another to sexual contact without that person’s consent. Some exceptions to this are when the lack of consent was due only to the other person being younger than seventeen years of age, the other person was more than fourteen years of age, and the person committing the act was less than five years older than the other person.

New York Penal Code Section 130.60 - Sexual Abuse in the Second Degree

A person has committed sexual abuse in the second degree when they subject another person to sexual contact and that person is incapable of consent for some reason other than that they are less than seventeen years of age.

New York Penal Code Section 121.11 - Criminal Obstruction of Breathing or Blood Circulation

A person commits criminal obstruction of breathing or blood circulation when, with intent to impede normal breathing or blood circulation of another they apply pressure on the other person’s throat or neck or block the other person’s nose or mouth.

New York Penal Code Section 121.12 - Strangulation in the Second Degree

A person commits strangulation in the second degree when they commit the crime of criminal obstruction of breathing or blood circulation and cause the other person stupor, loss of consciousness, or any physical injury or impairment.

New York Penal Code Section 121.13 - Strangulation in the First Degree

A person commits strangulation in the first degree when they commit the crime of criminal obstruction of breathing or blood circulation and cause serious physical injury to their victim.

New York Penal Code Section 120.00 - Assault in the Third Degree

A person commits assault in the third degree when:

1. With intent to cause physical injury to another they cause injury to that person or a third party; or

2. They recklessly cause physical injury to another; or

3. With criminal negligence, they cause physical injury to another using a deadly weapon or dangerous instrument.

New York Penal Code Section 120.05 - Assault in the Second Degree

A person commits assault in the second degree when:

1. With intent to cause serious physical injury to another, they cause such injury to that person or a third party; or

2. With intent to cause serious physical injury to another, they cause such injury to that person or a third party using a deadly weapon or dangerous instrument.

   Note: There are many more offenses contained within assault in the second degree requiring a detailed set of circumstances, often including assault to police officers, medical personnel, government employees, the elderly, process servers, and other classes of people. To determine whether assault in the second degree applies to your situation, please contact our office.

New York Penal Code Section 120.10 - Assault in the First Degree

A person commits assault in the first degree when:

1. With intent to cause another person serious injury, they cause injury to that person or a third party using a deadly weapon or dangerous instrument; or

2. With intent to seriously and permanently disfigure another person or to destroy, amputate, or permanently disable a member or bodily organ, they cause injury to that person or a third party; or

3. Under circumstances showing a depraved indifference to human life, they recklessly engage in conduct which creates a grave risk to another and, in the course of such conduct, they cause serious physical injury to another;

4. In the course of and in furtherance of the commission or attempted commission of a felony or a resulting flight, they or another participant of the felony cause serious physical injury to a non-participating third party.

Attempted Assault

A person commits attempted assault when they intend to cause harm and undertake steps to do so but fail to actually cause harm.