Taking Indecent Liberties with a Child by Custodian Lawyer in Madison County, NY
A charge of Taking Indecent Liberties with a Child by Custodian in Madison County is a serious felony under NY Penal Law Article 130, carrying severe penalties including prison and lifetime SORA registration. Law Offices Of SRIS, P.C. provides immediate, strategic defense for these complex cases.
What Is Taking Indecent Liberties with a Child by Custodian in New York?
The charge of Taking Indecent Liberties with a Child by Custodian is a specific, aggravated form of sexual misconduct defined under New York’s penal code. It involves a person in a custodial role—such as a parent, guardian, teacher, or coach—engaging in lewd or lascivious acts with a child under their care. This offense is treated with extreme severity due to the breach of trust and authority.
Last verified: April 2026 | Madison County Supreme Court | New York State Legislature
The primary statute governing this offense is NY Penal Law Article 130 (Sex Offenses). The specific elements require proof that the accused was in a position of custodial authority and committed acts intended to gratify sexual desire. Conviction triggers mandatory registration under the Sex Offender Registration Act (SORA).
Defending Against Custodian Indecent Liberties Charges in Madison County
In Madison County, these cases are prosecuted aggressively in Supreme Court following a grand jury indictment. The local procedural field is complex. Prosecutors often rely heavily on the testimony of the child and experienced witnesses. The court also conducts a separate SORA hearing to determine your risk level and registration term, which can range from 20 years to life.
- Immediate Legal Intervention: Do not speak to investigators. Contact our firm immediately to invoke your right to counsel and prevent self-incrimination.
- Grand Jury Investigation: We work to present exculpatory evidence or challenge the prosecution’s presentation before an indictment is secured.
- Pre-Trial Motions: We file motions to suppress illegally obtained evidence, challenge the sufficiency of the indictment, or limit prejudicial testimony.
- experienced Witness Review: We engage forensic and psychological experts to evaluate the evidence and interview techniques used with the child.
- Trial or Negotiation: We prepare a vigorous trial defense while exploring all avenues for case resolution, always aiming to avoid the most severe penalties.
- SORA Hearing Defense: We represent you at the mandatory SORA risk-level hearing to argue for the lowest possible classification.
Penalties for Taking Indecent Liberties with a Child by Custodian
In Madison County, Taking Indecent Liberties with a Child by Custodian is typically charged as a Class D or E felony, punishable by up to 7 years in prison, followed by years of post-release supervision and mandatory lifetime sex offender registration.
| Offense Level | Classification | Incarceration | Fine | Registration | Other Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties with Child by Custodian | Class D/E Felony | Up to 7 years | Up to $5,000 | Mandatory SORA (20 yrs – Life) | Post-release supervision, no contact orders, loss of custody/employment |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Madison County Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings a unique combination of prosecutorial insight and over 120 years of combined defense experience to every case. We understand how the state builds its case, which allows us to anticipate strategies and identify weaknesses from the outset. We handle these sensitive matters with discretion and a relentless focus on protecting your constitutional rights.
Our Approach to Sex Crime Defense
We have a documented history of achieving favorable outcomes in sensitive cases. While specific results are unique to each case, our approach is systematic: we secure and analyze all evidence immediately, consult with skilled forensic experts, and challenge every element of the prosecution’s case, from the legality of the investigation to the credibility of the testimony. For a child sex offense defense lawyer Madison County relies on, our firm provides a thorough and aggressive defense.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
By appointment only.
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
24/7 phone consultations — meetings by appointment only.
Our New York location serves clients throughout Madison County, including Wampsville, Oneida, Canastota, Cazenovia, Hamilton, Chittenango, Morrisville, Earlville, and Brookfield. We are accessible via I-90, I-81, and I-390. As a dedicated custodian indecent liberties lawyer Madison County clients consult, we understand the local courts and are prepared to defend you.
FAQs: Taking Indecent Liberties with a Child by Custodian Charges
What exactly does “custodian” mean in this charge?
It depends. New York law defines a custodian broadly as anyone responsible for the care and supervision of a child. This includes parents, guardians, teachers, coaches, daycare providers, or even a family friend temporarily in charge. The prosecution must prove this relationship existed at the time of the alleged act.
Is Taking Indecent Liberties with a Child by Custodian a felony?
Yes. This offense is always a felony in New York, typically classified as a Class D or E felony. This means a conviction will result in a permanent felony record, state prison time, and mandatory registration as a sex offender.
What are the possible defenses to this charge?
Potential defenses include mistaken identity, false allegations, lack of custodial authority at the relevant time, insufficient evidence, and violations of your constitutional rights during the investigation. An experienced child sex offense defense lawyer Madison County can evaluate the specifics of your case to identify the strongest defense strategy.
Will I have to register as a sex offender?
Yes, a conviction for Taking Indecent Liberties with a Child by Custodian carries a mandatory SORA registration requirement. The duration is typically at least 20 years, but often lifetime registration is imposed. The exact level is determined by a judge at a separate hearing.
Should I talk to the police if they contact me?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer any questions and immediately contact our firm. Speaking to law enforcement without an attorney present is the single biggest mistake you can make, as anything you say can be used against you.
How long does a case like this take?
These are complex cases. From arrest through pre-trial motions, potential plea negotiations, and possibly trial, the process can take anywhere from several months to over a year. The SORA hearing occurs after a conviction or plea. A custodian indecent liberties lawyer Madison County can manage this timeline and keep you informed at each stage.
If you are under investigation or have been charged with Taking Indecent Liberties with a Child by Custodian in Madison County, time is critical. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for a 24/7 confidential consultation. We will immediately begin working to protect your rights and build your defense.
New York Sex Crime Defense Lawyer | Albany County Sex Crime Lawyer | Madison County Criminal Defense Lawyer
Page last verified: 2026-04. Laws and procedures change. Contact Law Offices Of SRIS, P.C. for the most current legal guidance regarding Taking Indecent Liberties with a Child by Custodian charges.
If you want to see how a Madison County case fits into the wider process, our page on taking indecent liberties with a child by custodian lawyer Virginia covers it from start to finish.