Taking Indecent Liberties with a Child by Custodian Defense in Atlantic County, NJ
A charge of Taking Indecent Liberties with a Child by a Custodian in Atlantic County is a severe second-degree crime under N.J.S.A. 2C:14-3(b), carrying up to 10 years in prison and Megan’s Law registration. The Law Offices Of SRIS, P.C.
Understanding the Statute: Taking Indecent Liberties with a Child by a Custodian
The crime of Taking Indecent Liberties with a Child by a Custodian is defined under New Jersey law in N.J.S.A. 2C:14-3(b). This statute makes it illegal for a person who has assumed responsibility for the care of a child—a custodian—to commit any lewd or lascivious act upon or in the presence of that child with the intent of arousing or gratifying sexual desire. The law is intentionally broad to protect children from abuse by those in positions of trust.
Last verified: April 2026 | Superior Court of NJ, Atlantic Vicinage | New Jersey Legislature
The firm was founded in 1997 by former prosecutor Mr. Sris, whose experience on both sides of the courtroom informs our strategic defense approach in sensitive cases.
Official Legal Resources
- N.J.S.A. 2C:14-3 (official New Jersey Legislature site)
- Superior Court of New Jersey, Atlantic Vicinage
Atlantic County Court Process for a Custodian Indecent Liberties Charge
In Atlantic County, these charges are prosecuted in the Criminal Division of the Superior Court. The prosecution must prove beyond a reasonable doubt that you were a custodian and that the alleged act was committed with a sexual purpose. A custodian indecent liberties lawyer Atlantic County from our firm understands that local prosecutors often rely heavily on the testimony of the child and any corroborating evidence from forensic interviews.
- Arraignment & Plea: You will be formally charged and enter a plea of not guilty at the Atlantic County Superior Court in Mays Landing.
- Pre-Indictment Phase: Your attorney will review discovery, challenge the state’s evidence, and may negotiate for a reduction or dismissal before the case goes to a grand jury.
- Grand Jury & Indictment: The prosecutor presents evidence to a grand jury. If indicted, the case proceeds in Superior Court.
- Pre-Trial Motions: Your lawyer will file motions to suppress evidence, challenge the validity of the charge, or question the qualifications of an experienced witness.
- Trial or Resolution: The case will either proceed to a jury trial or be resolved through a negotiated plea agreement, if in your best interest.
- Sentencing: If convicted, sentencing will occur in Superior Court, with penalties mandated by law.
Potential Penalties for Taking Indecent Liberties with a Child by a Custodian
In Atlantic County, a conviction for Taking Indecent Liberties with a Child by a Custodian is a crime of the second degree, punishable by 5 to 10 years in New Jersey state prison.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties with a Child by Custodian | Second-Degree Crime | 5-10 years state prison | Up to $150,000 | N/A | Megan’s Law registration (likely Tier 2 or 3), Parole Supervision for Life, No contact with victim, Loss of custody/visitation rights. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Sex Crime Defense
Founded in 1997, 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 case results with a favorable outcome rate exceeding 93%. We understand the significant personal and legal consequences of a child sex offense defense lawyer Atlantic County case and fight to protect your rights and future.
Case Results & Defense Approach
While specific local results are not disclosed, our firm’s approach to defending against charges of Taking Indecent Liberties with a Child by a Custodian involves a meticulous review of all evidence. We scrutinize the definition of “custodian,” challenge the intent element, and examine the procedures used in interviewing the child. Our goal is to create reasonable doubt or secure a favorable resolution. Mr. Sris leads our defense team, ensuring every strategic angle is explored.
Results may vary. Prior results do not guarantee a similar outcome.
Atlantic County Sex Crime Defense Lawyers
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-3900
By appointment only.
Our New Jersey location serves clients at Atlantic County courts in Mays Landing and Atlantic City, accessible via the Garden State Parkway and Atlantic City Expressway. We provide legal support for individuals in Atlantic City, Egg Harbor Township, Galloway, Hamilton Township, Pleasantville, Hammonton, Absecon, Ventnor, Linwood, Brigantine, and Margate.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Taking Indecent Liberties with a Child by Custodian
What does “custodian” mean under this law?
It depends. A custodian is broadly defined as anyone who has assumed responsibility for the care of a child. This can include a parent, stepparent, guardian, family member, teacher, coach, babysitter, or any person in a position of trust with regular access to the child, even temporarily.
Is this charge the same as sexual assault?
No. Taking Indecent Liberties with a Child by a Custodian under N.J.S.A. 2C:14-3(b) is a separate crime from sexual assault. It criminalizes lewd acts committed by a custodian that are intended to sexually arouse, which may not involve physical penetration required for some sexual assault charges.
What are common defenses to this charge?
Defenses can include challenging the accused’s status as a “custodian,” arguing a lack of sexual intent, disputing the occurrence of the alleged act, presenting an alibi, or challenging the credibility or suggestibility of the child’s testimony. Evidence must be carefully reviewed by a custodian indecent liberties lawyer Atlantic County.
Will I have to register as a sex offender if convicted?
Yes. A conviction for Taking Indecent Liberties with a Child by a Custodian almost certainly requires registration under Megan’s Law in New Jersey. The tier (and thus public notification level) will be determined by the court based on an assessment of your risk to the community.
Can these charges be expunged in New Jersey?
No. Convictions for this crime, as a second-degree indictable offense, are generally not eligible for expungement in New Jersey. This makes securing a dismissal or not-guilty verdict at trial critically important for your long-term future.
For more information on related defenses, see our pages on federal criminal defense in Atlantic County or DUI defense in Atlantic County. For a broader view of our practice, visit our New Jersey civil litigation hub.
Page last verified: 2026-04. Laws change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding Taking Indecent Liberties with a Child by Custodian charges.
Your case in Atlantic County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Atlantic County that is the Superior Court of NJ, Atlantic Vicinage (1st Vicinage), 1201 Bacharach Boulevard, Atlantic City, NJ 08401, telephone (609) 402-0100, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is N.J.S.A. 2C:14-2 (aggravated sexual assault) within the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Atlantic County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Atlantic County NJ lawyers directory · Taking Indecent Liberties with a Child Lawyer Bergen County · Taking Indecent Liberties with a Child Lawyer Hudson County · Taking Indecent Liberties with a Lawyer Monmouth County.