Indecent Liberties with Child by Custodian in NC

What Are Custodial Indecent Liberties Under North Carolina Law?

North Carolina takes crimes against children very seriously, especially when committed by someone trusted to care for them. When someone responsible for a child’s care takes “indecent liberties” with that child, they face harsh penalties. This offense—which can be understood as indecent liberties with a child by a custodian—is seen as a serious breach of trust under North Carolina law.

What Counts as “Indecent Liberties with Child by Custodian”?

Under North Carolina General Statute § 14-202.1 (“Taking indecent liberties with children”), taking indecent liberties with children happens when:

• A person 16 years or older (and at least five years older than the child):
  • Deliberately takes or tries to take improper or indecent actions with a child under 16 for sexual pleasure (G.S. § 14-202.1(a)(1))
  • Deliberately commits or tries to commit any lewd act on a child under 16 (G.S. § 14-202.1(a)(2))

While the law doesn’t specifically use the word “custodian” in its title, when the offender is someone responsible for the child’s care, this makes the crime even more serious.

Who Might Be Considered a “Custodian”

In these cases, a “custodian” can be:

• Parents, legal guardians, or family members who care for the child
• Foster parents or temporary guardians
• Childcare workers and babysitters
• Teachers, coaches, and school staff (covered specifically in G.S. § 14-202.4, “Taking indecent liberties with a student”)
• Counselors or medical professionals who work with children
• Anyone trusted with caring for or supervising a child

How Does Being a Custodian Make These Cases More Serious

When indecent liberties are taken by someone caring for a child, it affects the case in several ways:

1. Breach of Trust Makes the Crime Worse

Under G.S. § 15A-1340.16(d)(15) (“Aggravated and mitigated sentences”), “taking advantage of a position of trust” is listed as an aggravating factor that can lead to a harsher sentence. This can push the punishment beyond what’s normally given for this type of felony.

2. Special Rules for School Staff

G.S. § 14-202.4 (“Taking indecent liberties with a student”) specifically addresses school employees who take indecent liberties with students:

• This law recognizes the special relationship between teachers and students (G.S. § 14-202.4(a))
• It clearly states that consent is not a valid defense (G.S. § 14-202.4(c))
• The law applies even after the teacher and student were at school together
• This offense is classified as a Class G felony

3. Other Factors When the Offender is a Caretaker

When the person who commits the crime is a custodian:

• Prosecutors may point out that the child had less chance to escape or report the abuse
• The emotional harm to the child may be worse because of the broken trust
• The court may consider the caretaker relationship when deciding on bail and other matters under “Aggravated and mitigated sentences” (G.S. § 15A-1340.16)

What Are the Legal Penalties for Indecent Liberties by a Custodian?

The consequences for taking indecent liberties with a child as a custodian are severe:

• Basic offense: Class F felony under “Taking indecent liberties with children” (G.S. § 14-202.1(b))
• If the custodian is school staff: Class G felony under “Taking indecent liberties with a student” (G.S. § 14-202.4(a))
• When the position of trust is factored in as an aggravating factor, the sentence can be increased (G.S. § 15A-1340.16(b))
• Required sex offender registration
• Possible ban from working with children in the future
• Potential civil lawsuits
• Possible prison time

What Legal Defenses Are Available in These Cases?

Those accused of indecent liberties with a child as a custodian might have several possible defenses:

• Providing evidence that the claimed actions didn’t happen
• Showing that any actions weren’t sexual in nature
• Presenting mitigating factors that might reduce the sentence under G.S. § 15A-1340.16(e)

However, it’s important to know that G.S. § 14-202.4(c) clearly states that consent is not a defense for “Taking indecent liberties with a student.”

Why Do You Need an Experienced Lawyer?

If you’re facing charges of indecent liberties with a child as a custodian in North Carolina, the stakes are extremely high. These cases involve complicated legal issues and can change your life forever.

An experienced North Carolina criminal defense lawyer who specializes in sex crimes can:

• Review your specific situation
• Find possible legal defenses
• Help you through the complex court process
• Argue for mitigating factors that might reduce your sentence under G.S. § 15A-1340.16(e)
• Work toward the best possible outcome for your case

How Is Fair Treatment of the Accused Ensured?

North Carolina’s laws about indecent liberties with a child by a custodian show the state’s dedication to protecting vulnerable children from those who might misuse positions of trust. At the same time, these cases require careful attention to fair process to ensure that accusations are properly investigated and judged fairly.

Understanding the specific legal details of these cases is essential for anyone involved, whether as a defendant, family member, or concerned community member. If you or a loved one are facing a charge for indecent liberties with a minor, you deserve a legal advocate with the experience and dedication to secure the best possible outcome. Attorney Patrick Roberts of Patrick Roberts Law has successfully defended numerous clients facing the most serious sex crimes. Contact our firm today for a confidential consultation.

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