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A person is guilty of sexual abuse in the second degree when he subjects another person to sexual contact and when such other person is less than 14 years old (Penal Law § 130.60 [2]). Sexual contact means any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party (Penal Law § 130.00 [3]). It includes the touching of the victim by the actor, whether directly or through clothing (Penal Law § 130.00 [3]). There is no requirement that actual gratification occur, but only that the touching be for that purpose (People v Teicher, 52 NY2d 638, 646 [1981]). At trial, the complainant testified that while in the wave pool at an amusement park, she noticed defendant, an older person who was wearing sunglasses and a black T-shirt, smiling at her. She felt uncomfortable and moved to the other side of the pool. About three to five minutes later, at the other side of the pool, as she came up from a wave, she observed defendant, for a second time, standing in front of her. Another wave came and propelled her toward defendant, who touched her vagina for a couple of seconds. He then smiled at her and dove back into the water. At that time, she noticed that defendant had a black tattoo on his arm and was wearing sandals. She exited the pool and told her mother what had transpired. Shortly thereafter, complainant, aged 13, in the presence of staff at the park, identified defendant.

Professional & Technical
June 30
LawApp Publishers

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