Sexual Abuse in the Third Degree is a serious criminal charge in New York, defined by specific elements that the prosecution must prove for a conviction. These elements include:

• Sexual Contact: This involves any touching of another person’s sexual or intimate parts, which can include areas such as the vagina, penis, anus, rectum, buttocks, breasts, lips, and mouth. This contact can occur directly or through clothing.
• Purpose of Sexual Gratification: The contact must be intentionally made for the purpose of sexual arousal or gratification, or to degrade or abuse the victim.
• Lack of Consent: Crucially, the contact must occur without the consent of the other person involved.

It’s important to note that for the purposes of this charge, sexual contact does not require penetration, which distinguishes it from charges like sexual intercourse or criminal sexual acts that involve penetration or oral sexual conduct.

Additionally, there are specific circumstances under which a person accused of this crime can present an affirmative defense:

• The lack of consent was due solely to the victim’s age being under seventeen but over fourteen.
• The defendant was less than five years older than the victim at the time of the incident.

This law focuses on the non-consensual nature of the sexual contact, regardless of any existing relationship between the individuals involved. Touching that might seem minimal but qualifies as sexual contact under this law can lead to charges of Sexual Abuse in the Third Degree. Even actions such as ejaculating on another person are considered forms of sexual contact under this statute. Sexual Abuse in the Third Degree is classified as a Class B misdemeanor.