Some of the most serious and most difficult cases in the justice system are sex-related offenses that involve child victims. These crimes all carry severe punishments, ranging from long terms of probation to mandatory active sentences in jail. Furthermore, they all require registry on the sex offender registry, which limits where you can live, work, travel to, and places other strict regulations on your life. If you are charged with any of these crimes, or think that you may be, it is important that you seek legal representation immediately.
Indecent Liberties with a Child
Indecent Liberties is one of the more common sex offenses charged. While this charge does allow for a punishment of probation to be levied, being punished as a class F felony, it is classified as a sexually violent offense which requires registration under N.C.G.S 14-208.6.
You can be convicted of the crime of Indecent Liberties with a Child if;
- You are 16 years of age or older;
- You are at least 5 years older than the alleged victim;
- You either: take or attempt to take any immoral, improper, or indecent liberties with any child of either gender, under the age of 16 for the purposes of sexual gratification; or you commit or attempt to commit any lewd or lascivious act upon or with the body or any body part of a child under the age of 16 of either gender.
Some of the broadest statements in North Carolina’s criminal statutes are; indecent liberties, and lewd or lascivious acts. The Court has defined both in the past. The Court defines lewd and lascivious acts as those acts that deal with improper sexual conduct. Specifically, the Court says that lewd acts are those that are inciting to sexual desires or imagination; while lascivious acts are those that tend to arouse sexual desire.
Due to the broad statutory definitions, this charge is often used as a catch all for prosecutors, mainly because it still requires registration as a sex offender.
Another key factor in examining and defending against the charge of indecent liberties is that consent by the alleged victim, is NOT a defense.
Indecent Liberties with a Student by a Teacher
Another form of indecent liberties is when the situation involves a school or the school system. This charge is punishable as a Class I felony, which means that probation is a possible sentenced levied by the judge upon conviction. Like normal indecent liberties, this version is classified as a sexually violent offense that requires registration as a sex offender.
The elements of this charge are similar to the normal indecent liberties, they are:
- The Defendant is a teacher, school administrator, student teacher, SRO, or coach, at any age; or is other school personnel who is at least 4 years older than the victim;
- The alleged victim is a student;
- The Defendant either: take or attempt to take any immoral, improper, or indecent liberties with any child of either gender, under the age of 16 for the purposes of sexual gratification; or you commit or attempt to commit any lewd or lascivious act upon or with the body or any body part of a child under the age of 16 of either gender.
- At any time during or after the period when the student and the person were present together in the same school, while the victim is still a student.
One of the most important points to know about this case is that the student in question does not have to be a student at the same school as the school staff/faculty member. For example, if the student and teacher were together at a middle school and the student is now in high school, they would still qualify under this statute. Furthermore, it does not matter if they are no longer in the school system, as school is defined as any public, charter, or non-public school. Under the statutes, a student is any person who is enrolled in kindergarten or in grades 1 through 12.
Similar to normal indecent liberties cases, consent by the victim is NOT a defense.