D’Emilia law is representing a Queens high school principal who was arrested on charges of forcible touching and sexual abuse in the third degree. The 66 year old was accused by two female teachers at the school, who alleged that five separate incidents of touching without consent occurred in 2023 and 2024.
The administrator was arrested in May after turning himself in at the 112th Precinct Special Victims Unit. Our client denies the allegations against him, which he asserts were brought by “two disgruntled employees.”
“We categorically and unequivocally deny these baseless and vindictive allegations manufactured by two disgruntled employees whom also maintain a friendship outside of their employments,” Kendra Monte said in a statement reported by the New York Post. “We are confident that the District Attorney, upon an examination of these charges and allegations will fully exonerate [our client].”
The long-time principal has dedicated much of his work to arts education, and was presented with the Special Arts Education Recognition Award by Caroline Kennedy. He has also been involved in local politics in his community. Monte emphasized his community service to the Post, stating that our client is a “tireless public servant and family man, married to his high school sweetheart.”
“[Our client] has dedicated his 45 year career in education, 31 years of which as a principal, to fostering a safe, respectful, and inclusive educational environment,” Monte said in a statement. “He maintains his innocence and is fully cooperating with any and all investigations to ensure the truth is brought to light.”
What is the Offense “Forcible Touching?”
Under New York Penal Law § 130.52, a person can be found guilty of the criminal offense “forcible touching” if they “intentionally, and for no legitimate purpose” do any of the following:
- Forcibly touch the intimate parts of another “for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor’s sexual desire,” or
- “Subject another person to sexual contact for the purpose of gratifying the actor’s sexual desire and with intent to degrade or abuse” them while they are a passenger on a bus, train, subway car operated by any transit authority or agency authorized in New York State.
The Penal Law specifically lists the acts of “squeezing, grabbing, or pinching” as included under the forcible touching law.
Specifically, the prosecution is required to prove three elements beyond a reasonable doubt: (1) the alleged forcible touching incident occurred; (2) the defendant carried out the act “intentionally and for no legitimate purpose; and (3) the defendant carried out the act without the consent of the alleged victim, and the alleged victim did not “expressly or impliedly acquiesce to the defendant’s conduct.”
The offense is a class A misdemeanor, which can carry a jail sentence of up to 364 days in prison and a monetary fine of $1,000. Other potential penalties can include probation, community service, and being subjected to an order of protection.
Contact an Experienced New York Criminal Defense Attorney
A wrongful accusation of forcible touching can not only lead to criminal penalties, but also collateral consequences — including harm to your reputation and standing in the community. If you are facing charges for this crime, it’s crucial to have the representation of a skillful criminal defense attorney. The attorneys at D’Emilia Law offer trusted counsel for a wide range of criminal matters and strive to obtain the best possible outcome in every case. To schedule a consultation, contact us at 1-888-DEMILIA.
