The 'actually touching her or not' is fairly important. If Franken's hand are just placed in front of the sleeping lady's breasts for an 'amusing' photo then that is pretty disgusting but legally fine.
If Franken placed his hands on the breasts on a sleeping, and therefore entirely non-consensual, lady and had a bit of a rummage, then that is an entirely different kettle of sexual assualt.
Al could be in a lot of trouble, awaiting the photographers's testimony.
