Harvey Weinstein · criminal prosecution · sexual offence allegations · criminal appeal
What have the courts decided in Harvey Weinstein's New York and Los Angeles criminal cases?
As of 30 October 2026 Weinstein stands convicted in New York of one count of first-degree criminal sexual act, returned at a 2025 retrial, and was sentenced on 23 September 2026 to 15 years in prison plus five years of post-release supervision. His 2020 New York convictions were reversed by the Court of Appeals on 25 April 2024 and a new trial ordered, which is not an acquittal. At the 2025 retrial he was acquitted on one count, and a third-degree rape count on which juries twice failed to agree was dismissed on the prosecution's application on 25 June 2026. His 2022 Los Angeles conviction was affirmed on 26 June 2026 but his 16-year sentence was vacated for resentencing, and his representatives say he will appeal in both states.
Last verified 30 October 2026. United States
The record at a glance
| What was alleged? | The Manhattan District Attorney charged Weinstein with offences including first-degree criminal sexual act, rape in the first and third degrees and predatory sexual assault, relating to complainants in 2006 and 2013. Los Angeles County prosecutors charged him with forcible rape and other sexual offences relating to several complainants.1,2 |
|---|---|
| Who made the claim? | Manhattan District Attorney's Office, and Los Angeles County District Attorney's Office, 25 May 2018 |
| How did Harvey Weinstein respond? | Weinstein pleaded not guilty in both states and has maintained his innocence. His lawyers argued that excluded evidence and trial rulings denied him a fair trial. At his 2026 sentencing he restated his innocence, and his spokesperson said he will challenge both the conviction and the sentence through the appellate process. After the California ruling his spokesperson said the team was disappointed but that the court correctly recognised that his sentence cannot stand.3,4,5,6 (the subject's position) |
| Was there an official finding? | The New York Court of Appeals reversed the 2020 New York convictions and ordered a new trial on 25 April 2024.1 At the 2025 New York retrial a jury convicted him of first-degree criminal sexual act, acquitted him on a second criminal sexual act count, and did not reach a verdict on a rape count.3,7 The remaining New York rape count was dismissed on 25 June 2026 on the prosecution's application.8 The California Court of Appeal affirmed the Los Angeles convictions and ordered resentencing.2 He was sentenced in New York on 23 September 2026 to 15 years in prison.4,5 |
| Was liability determined? | Yes, liability was determined. Convicted by jury in New York in 2025 on one count of first-degree criminal sexual act, acquitted on one count, and a rape count dismissed without verdict. Convicted by jury in Los Angeles in 2022 on three counts relating to one complainant, convictions affirmed on 26 June 2026 with the sentence vacated for resentencing. The 2020 New York convictions were reversed for trial error, which is not an acquittal.1,2,3,5,8 |
| What changed later? | As of 30 October 2026 Weinstein is serving a 15-year New York sentence imposed on 23 September 2026, is awaiting resentencing in Los Angeles, and is pursuing appeals in both states.4,5,6 |
| When was this checked? | 30 October 2026 |
What was alleged?
The Manhattan District Attorney charged Weinstein with offences including first-degree criminal sexual act, rape in the first and third degrees and predatory sexual assault, relating to complainants in 2006 and 2013. Los Angeles County prosecutors charged him with forcible rape and other sexual offences relating to several complainants.1,2
Made by Manhattan District Attorney's Office, and Los Angeles County District Attorney's Office on 25 May 2018.
What did Harvey Weinstein say?
Weinstein pleaded not guilty in both states and has maintained his innocence. His lawyers argued that excluded evidence and trial rulings denied him a fair trial. At his 2026 sentencing he restated his innocence, and his spokesperson said he will challenge both the conviction and the sentence through the appellate process. After the California ruling his spokesperson said the team was disappointed but that the court correctly recognised that his sentence cannot stand.3,4,5,6
"I have to reiterate my innocence."
Harvey Weinstein, statement read at sentencing (reported by the Associated Press via NY1), 23 September 2026. This is the subject's own account, not a finding.
What do independent records show?
Jury verdict, People v Weinstein
Supreme Court of the State of New York, New York County (jury), 24 February 2020
Convicted on one count of first-degree criminal sexual act relating to a 2006 complainant and one count of third-degree rape relating to a 2013 complainant. Acquitted of first-degree rape and two counts of predatory sexual assault. He was sentenced to 23 years in prison on those convictions.1,4
Jury verdict, People v. Weinstein
Superior Court of California, County of Los Angeles (jury), Judge Lisa B. Lench, 19 December 2022
Convicted on one count of rape and two other sexual assault counts relating to one complainant. The jury acquitted him on a count relating to a second complainant and did not reach verdicts on counts relating to two others. He was later sentenced to 16 years.2,4
People v Weinstein, 2024 NY Slip Op 02222
New York State Court of Appeals, 25 April 2024
In a 4 to 3 decision, held that the trial court erred by admitting testimony about uncharged alleged acts and by ruling that he could be cross-examined about them, which deprived him of a fair trial. Reversed the order of the Appellate Division and ordered a new trial.1
Retrial verdict
Supreme Court of the State of New York, New York County (jury), Justice Curtis Farber, 11 June 2025
Guilty of first-degree criminal sexual act relating to the 2006 complainant. Not guilty of criminal sexual act relating to a second complainant. The jury did not reach a verdict on the third-degree rape count, and the court declared a mistrial on that count.3,7
Mistrial on third-degree rape count
Supreme Court of the State of New York, New York County, Justice Curtis Farber, 15 May 2026
A third trial on the remaining rape count ended in a mistrial after the judge found the jury hopelessly deadlocked.7,8
Dismissal of third-degree rape count on the prosecution's application
Supreme Court of the State of New York, New York County, Justice Curtis Farber, 25 June 2026
Dismissed the count after prosecutors said the complainant did not wish to testify at a fourth trial.8
Decision in Weinstein's appeal from the Los Angeles judgment
California Court of Appeal, Second Appellate District, 26 June 2026
A unanimous three-judge panel affirmed the convictions but vacated the 16-year sentence and remanded for resentencing. AP reports the trial judge had treated the later reversed New York convictions as an aggravating factor.2,4
Sentence on first-degree criminal sexual act conviction
Supreme Court of the State of New York, New York County, Justice Curtis Farber, 23 September 2026
Sentenced to 15 years in prison and five years of post-release supervision. Prosecutors had sought 20 years.4,5
What was established?
- The New York Court of Appeals reversed the 2020 New York convictions and ordered a new trial on 25 April 2024.1
- At the 2025 New York retrial a jury convicted him of first-degree criminal sexual act, acquitted him on a second criminal sexual act count, and did not reach a verdict on a rape count.3,7
- The remaining New York rape count was dismissed on 25 June 2026 on the prosecution's application.8
- The California Court of Appeal affirmed the Los Angeles convictions and ordered resentencing.2
- He was sentenced in New York on 23 September 2026 to 15 years in prison.4,5
Distinctions that matter here
- A conviction reversed on appeal for trial error leads to a new trial. It is not an acquittal and does not decide guilt.
- A count on which a jury cannot agree ends in a mistrial without a verdict. A later dismissal of that count is not an acquittal.
- Affirmance of a conviction with a vacated sentence leaves the conviction in place and requires a new sentence.
Was liability determined?
Yes, liability was determined. Convicted by jury in New York in 2025 on one count of first-degree criminal sexual act, acquitted on one count, and a rape count dismissed without verdict. Convicted by jury in Los Angeles in 2022 on three counts relating to one complainant, convictions affirmed on 26 June 2026 with the sentence vacated for resentencing. The 2020 New York convictions were reversed for trial error, which is not an acquittal.1,2,3,5,8
What remains unresolved?
- Weinstein's appeal from the 2025 New York conviction and 2026 sentence.
- A petition for review of the California Court of Appeal decision, reported by Los Angeles Magazine on 7 August 2026 as filed that week, with no ruling identified as of 30 October 2026.
- Resentencing in Los Angeles, including whether the sentences will run consecutively or concurrently with the New York sentence.
What is the current status?
As of 30 October 2026 Weinstein is serving a 15-year New York sentence imposed on 23 September 2026, is awaiting resentencing in Los Angeles, and is pursuing appeals in both states.4,5,6
As of 30 October 2026. No next proceeding is scheduled in the records we found.
Timeline
- Weinstein is arrested and charged in Manhattan.1
- Manhattan jury convicts him on two counts and acquits on three.1
- Los Angeles jury convicts him on three counts relating to one complainant.2,4
- New York Court of Appeals reverses the 2020 convictions and orders a new trial.1
- Retrial jury returns a mixed verdict.3
- Third trial on the remaining rape count ends in a mistrial.7
- Remaining rape count is dismissed.8
- California Court of Appeal affirms the Los Angeles convictions and orders resentencing.2
- Sentenced in New York to 15 years in prison.4,5
Sources
- New York State Court of Appeals (Official Reports), People v Weinstein, 2024 NY Slip Op 02222, 25 April 2024 · document record Court, legislation, official register or regulator record
- WTOP, California appeals court upholds Harvey Weinstein's rape conviction but says he must be resentenced (Associated Press), 26 June 2026 Independent reporting
- Good Morning America, Harvey Weinstein verdict in sex crimes retrial (ABC News), 11 June 2025 Independent reporting
- NY1 Spectrum News, Harvey Weinstein set to be sentenced for sexual assault after 6-year legal odyssey (Associated Press), 23 September 2026 Independent reporting
- Good Morning America, Harvey Weinstein sentenced to 15 years for 2006 sexual assault (ABC News), 23 September 2026 Independent reporting
- Los Angeles Magazine, Harvey Weinstein takes California conviction to state's highest court, 7 August 2026 Independent reporting
- KSL, Harvey Weinstein's third New York rape trial ends in mistrial (Associated Press), 15 May 2026 Independent reporting
- FOX19, Harvey Weinstein's New York rape charge dropped after accuser says she can't endure a fourth trial (Associated Press), 25 June 2026 Independent reporting
Revision history
- 30 October 2026: First published after source verification.
Related: Harvey Weinstein, criminal prosecution, sexual offence allegations, criminal appeal, United States. To submit a document or request a correction, see right of reply.