After he got naked, climbed onto a woman (who was asleep), and licked her neck, W.S. was arrested and found guilty of sexual abuse in the first degree and criminal trespass in the second degree and sentenced to three years in prison.
When he appealed to the Appellate Division, First Department, W.S. argued that the victim's neck wasn't a "sexual or other intimate" part of her body as defined by New York's Penal Law and thus sought to have his conviction overturned.
Finding a person's neck to be off limits, because it wouldn't normally be touched in the absence of an intimate relationship, the AD1 was of the view W.S.'s conduct fell within "the plain, natural meaning" of the statute. (The fact that the victim was asleep and didn't consent to the contact, didn't help the guy's case either.)
W.S. up?
To view a copy of the Appellate Division's decision, please use this link: People v. Sene