Taking Indecent Liberties With a Student
North Carolina, like all states, has numerous statutes that define sex crimes against children. North Carolina is unique, however, in that it has a narrow statute prohibiting taking indecent liberties with a student that only applies to teachers, administrators, coaches, and other school employees. People charged with taking indecent liberties with a student may fear that a conviction is inevitable and that they will lose their rights and their job. If you are charged with taking indecent liberties with a student, it is essential to engage a skillful defense attorney to aggressively advocate on your behalf. The Charlotte and Concord sex crime lawyers at the Olsinski Law Firm, PLLC are proficient at defending people charged with sex crimes and will work tirelessly to help you seek a positive result. Our attorneys frequently represent people accused of sex crimes throughout Mecklenburg and Cabarrus Counties.What Constitutes Taking Indecent Liberties with a Student
Under North Carolina law, a person who is a school administrator, teacher, coach, or other school personnel and who takes indecent liberties with a student is guilty of a Class I felony, which is punishable by up to 24 months of imprisonment. The defendant must be four or more years older than the victim, and the harm must occur while the victim is a student at the school at which the defendant works. Consent is not an available defense for the crime of taking indecent liberties with a student, but a person cannot be convicted of taking indecent liberties with a student if he or she and the student are married.
Under the statute, indecent liberties are defined as willfully taking or attempting to take improper, immoral, or indecent liberties with a student to arouse or satisfy sexual desire. A person can also be guilty of taking indecent liberties if he or she willfully commits or attempts to commit a lascivious or lewd act with or on the body of a student. Indecent liberties do not include sexual intercourse with a student, which is classified as a more serious crime.Defending a Charge of Taking Indecent Liberties with a Student
The State bears the burden of proof in a criminal case and must establish beyond a reasonable doubt that the defendant committed each element of the crime to obtain a conviction. In many instances in which a defendant is charged with taking indecent liberties, the evidence will be purely circumstantial. Thus, if the defense attorney can prove that the State's evidence is unreliable or insufficient, the defendant may be able to avoid a conviction. Furthermore, in some cases, the defendant may be able to argue that he or she lacked the intent required to commit the crime of taking indecent liberties with a student, and therefore he or she should not be found guilty.
While the State must prove its position to obtain a conviction in a North Carolina criminal case, the defendant does not have a duty to present evidence or offer a defense. Depending on the facts of the case, however, it may be beneficial for the defendant to present defenses on his or her behalf. If you are charged with taking indecent liberties with a student, a North Carolina attorney can advise you as to whether you should present evidence on your behalf.Meet with an Experienced Criminal Defense Lawyer in Charlotte or Concord
A conviction for taking indecent liberties with a student can cause irreparable harm to your life. If you are accused, it is vital to meet with a seasoned attorney to discuss the circumstances surrounding your charges and the best manner to proceed under the facts of your case. The diligent sex crime defense attorneys at the Olsinski Law Firm, PLLC can act as zealous advocates on your behalf. We assist people charged with taking indecent liberties with a student throughout Mecklenburg and Cabarrus Counties, including in Concord, Charlotte, Huntersville, Matthews, Mint Hill, Cornelius, Davidson, Pineville, Kannapolis, Harrisburg, Midland, and Mount Pleasant. Our offices are located in Concord and Charlotte. You can reach us through our online form or at 704-405-2580 to set up a consultation at our Charlotte office or at 704-918-4747 to set up a consultation at our Concord office.