§ 130.55 Sexual abuse in the third degree.\n A person is guilty of sexual abuse in the third degree when he or she\nsubjects another person to sexual contact without the latter's consent;\nexcept that in any prosecution under this section, it is an affirmative\ndefense that (a) such other person's lack of consent was due solely to\nincapacity to consent by reason of being less than seventeen years old,\nand (b) such other person was more than fourteen years old, and (c) the\ndefendant was less than five years older than such other person.\n Sexual abuse in the third degree is a class B misdemeanor.\n
N.Y. Penal Law § 130.55
Sexual abuse in the third degree
Applied in 54 court decisions — leading case 56 Misc. 3d 1167 - In re Justin L. (2017)
Most recently applied in People v. Abdulazeez (Yakubu) (May 2025)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.