Taking Indecent Liberties with a Child by Custodian Lawyer in Monmouth County, NJ

A charge of taking indecent liberties with a child by a custodian in Monmouth County is a severe second-degree crime under N.J.S.A. 2C:14-3(b), punishable by 5-10 years in prison and Megan’s Law registration. As a former prosecutor, Mr. Sris understands the aggressive prosecution of these cases in the Monmouth Vicinage. The Law Offices Of SRIS, P.C.

Last verified: April 2026 | Superior Court of NJ, Monmouth Vicinage | New Jersey Legislature

On this page

Understanding the Statute for Taking Indecent Liberties with a Child by a Custodian

In New Jersey, the specific offense of taking indecent liberties with a child by a custodian is codified under N.J.S.A. 2C:14-3(b). This statute makes it a crime for a person who has assumed responsibility for the care of a child under the age of 16 to engage in any act of sexual contact with that child. The law defines “custodian” broadly, encompassing not just parents or guardians but also teachers, coaches, babysitters, or any individual who has supervisory or disciplinary power over the child. The charge does not require proof of force or that the child resisted; the violation stems from the abuse of the custodial relationship itself. A conviction is a crime of the second degree.

Official Legal Resources

For the official text of the statute, refer to the N.J.S.A. 2C:14-3 (official New Jersey Legislature site). For information on court procedures in Monmouth County, visit the Monmouth Vicinage website.

Local Court Process for a Custodian Indecent Liberties Charge in Monmouth County

Cases for taking indecent liberties with a child by a custodian are prosecuted in the Criminal Division of the Superior Court, Monmouth Vicinage, located in Freehold. The Monmouth County Prosecutor’s Office handles these cases with significant resources, often involving forensic interviews and experienced witnesses. An experienced custodian indecent liberties lawyer Monmouth County knows that early intervention is critical, as pre-indictment motions to suppress evidence or dismiss complaints can be filed. The court follows a strict procedural track for second-degree indictable offenses.

Initial Appearance & Detention Hearing: You will be brought before a judge for a first appearance, where the state may argue for your detention. Your attorney must argue for release with conditions.
Grand Jury Indictment: The prosecutor will present evidence to a grand jury to secure a formal indictment. A defense attorney can present exculpatory evidence to the prosecutor beforehand in an effort to avoid indictment.
Pre-Trial Conferences & Motions: Your lawyer will file motions to challenge evidence, suppress statements, or dismiss charges. Discovery is exchanged, and plea negotiations may occur.
Trial or Disposition: If no plea agreement is reached, the case proceeds to a jury trial in the Superior Court in Freehold, where the state must prove guilt beyond a reasonable doubt.

Potential Penalties for Taking Indecent Liberties with a Child by a Custodian

In Monmouth County, a conviction for taking indecent liberties with a child by a custodian as a second-degree crime carries a mandatory sentence under the No Early Release Act (NERA) and lifelong consequences.

Offense	Classification	Incarceration	Fine	Registration	Additional Consequences
Taking Indecent Liberties with a Child by Custodian (N.J.S.A. 2C:14-3(b))	Second-Degree Crime	5 to 10 years (85% must be served before parole eligibility under NERA)	Up to $150,000	Mandatory registration under Megan’s Law (Tier 2 or 3)	Parole supervision for life, loss of professional licenses, permanent criminal record, restrictions on where you can live and work.

Results may vary. Prior results do not guarantee a similar outcome.

Why Choose Our Firm for Your Defense

Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. We understand that a charge of taking indecent liberties with a child by a custodian threatens everything you have built. Our approach is direct and strategic, focusing on the specific facts of your case, the conduct of the investigation, and the credibility of the evidence from the outset.

Mr. Sris
Lead Attorney
Bar Admissions: Virginia, Maryland, District of Columbia, New Jersey, New York
A former prosecutor and founder of the firm, Mr. Sris has been defending clients against serious felony and sex crime allegations since 1997. He provides direct, strategic counsel for cases in Monmouth County and across New Jersey.

Our Approach to These Cases

We begin an immediate investigation, often reviewing the circumstances of the allegation, the interview techniques used with the child, and the digital evidence. In one firm-wide case, our defense team secured a dismissal of child pornography promotion charges after challenging the forensic basis of the state’s evidence. In another, we negotiated a resolution that avoided a prison sentence for a client facing similar allegations. We prepare every case as if it is going to trial, which strengthens our position in negotiations and ensures we are ready to defend you in court.

Results may vary. Prior results do not guarantee a similar outcome.

Monmouth County Sex Crimes Defense Lawyer Near You

Our New Jersey location serves clients facing charges at the Monmouth County Superior Court in Freehold. We represent individuals from Freehold, Tinton Falls, Red Bank, Long Branch, Asbury Park, Middletown, Holmdel, Marlboro, Manalapan, Howell, Wall Township, Neptune, and Colts Neck. If you need a child sex offense defense lawyer Monmouth County, we are accessible.

24/7 Phone Consultations — (888) 437-7747 — Meetings By Appointment Only.

Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.

Frequently Asked Questions

What does “custodian” mean under this law?

It depends. The term is defined broadly in N.J.S.A. 2C:14-1(f) to include any person with legal or temporary responsibility for a child’s care, including parents, relatives, teachers, coaches, babysitters, or anyone with supervisory or disciplinary power. The key is whether you had assumed responsibility for the child’s welfare at the time of the alleged act.

Is this charge eligible for pretrial intervention (PTI) in Monmouth County?

No. Charges for taking indecent liberties with a child by a custodian are second-degree crimes and are statutorily ineligible for standard Pretrial Intervention (PTI) programs in New Jersey. However, other negotiated resolutions may be possible depending on the case’s specific facts and evidence.

Can I be released on bail while the case is pending?

It depends. New Jersey uses a pretrial detention system. For second-degree crimes like this, the prosecutor will often file a motion to detain you without bail. Your attorney must argue for your release at a detention hearing by presenting evidence that you are not a flight risk or a danger to the community, often with strict conditions like electronic monitoring.

What is the difference between this charge and sexual assault?

Sexual assault (N.J.S.A. 2C:14-2) generally requires sexual penetration and can involve force or a victim under a certain age. Taking indecent liberties with a child by a custodian (N.J.S.A. 2C:14-3(b)) specifically criminalizes sexual contact (which is broader than penetration) by someone in a custodial role, without the need to prove force, due to the inherent power imbalance in the relationship.

If the child doesn’t testify, can the case be dismissed?

Not necessarily. While a child’s testimony can be powerful, the state may proceed with other evidence, such as forensic interviews, medical records, witness statements, or electronic communications. An experienced attorney will challenge the admissibility and reliability of all evidence, including seeking to exclude hearsay statements if proper procedures were not followed.