Taking Indecent Liberties with a Child by Custodian Lawyer in Cape May County, NJ
A charge of Taking Indecent Liberties with a Child by a Custodian in Cape May County is a severe second-degree crime under N.J.S.A. 2C:14-3(b), carrying 5-10 years in prison and Megan’s Law registration. Law Offices Of SRIS, P.C. provides a strong defense for those accused.
New Jersey Law on Taking Indecent Liberties with a Child by a Custodian
The crime of Taking Indecent Liberties with a Child by a Custodian is defined under N.J.S.A. 2C:14-3(b). A “custodian” is broadly defined as a person over 18 who has assumed responsibility for the care of a child, which can include parents, guardians, teachers, coaches, or family friends in a supervisory role. The law prohibits a custodian from engaging in any act of sexual contact with a child under 16 for the purpose of sexual arousal or gratification. Unlike other offenses, this statute does not require force or lack of consent, focusing instead on the breach of trust inherent in the custodial relationship.
Last verified: April 2026 | Superior Court of NJ, Cape May Vicinage | New Jersey Legislature
Official Legal Resources
For the official statute, refer to N.J.S.A. 2C:14-3(b) (official New Jersey Legislature). Court procedures and information for Cape May County can be found at the Superior Court, Cape May Vicinage website.
Defending Against Charges in Cape May County
In the Cape May County Superior Court, these cases are prosecuted aggressively in the Criminal Division. The prosecution must prove you were a custodian and that the act was for sexual gratification. A strong defense often involves challenging the custodial relationship, the intent behind the act, or the credibility of the allegations. Misinterpreted innocent contact or false accusations are common defense angles.
- Initial Arrest & Complaint: Charges are filed via a complaint. You will be processed and have a first appearance in Superior Court.
- Pre-Indictment Phase: Your attorney can negotiate with the prosecutor before the case is presented to a grand jury.
- Grand Jury & Indictment: The case proceeds to a grand jury. If indicted, it moves forward in the Criminal Division.
- Pre-Trial Motions & Discovery: Your lawyer files motions to suppress evidence or dismiss charges and reviews all discovery.
- Plea Negotiations or Trial: Most cases are resolved through negotiation. If no agreement is reached, the case proceeds to a jury trial.
- Sentencing & Post-Conviction: If convicted, sentencing follows, with mandatory Megan’s Law registration. Appeals must be filed promptly.
Potential Penalties for a Conviction
In Cape May County, a conviction for Taking Indecent Liberties with a Child by a Custodian as a second-degree crime carries a mandatory state prison sentence and lifelong consequences.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties with a Child by Custodian | Second-Degree Crime | 5 to 10 years in New Jersey State Prison | Up to $150,000 | N/A | Mandatory Megan’s Law registration (likely Tier 2 or 3), Parole Supervision for Life (PSL), possible loss of professional licenses, and permanent criminal record. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Sex Crime Defense
Founded in 1997 by former prosecutor Mr. Sris, 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 high stakes and defenses required for charges like Taking Indecent Liberties with a Child by a Custodian.
Case Results
Our attorneys have successfully defended clients against serious sex offense charges. In Baltimore County, Maryland, we secured a Nolle Prosequi (dismissal) for a client charged with promoting/distributing child pornography. In another Maryland case involving possession of child pornography, we negotiated a result of 5 years of incarceration, all suspended, with 5 years of supervised probation.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Cape May County Sex Crime Defense Lawyers
If you are searching for a “child sex offense defense lawyer Cape May County” or a “custodian indecent liberties lawyer Cape May County,” our firm is ready to help. Our New Jersey location serves clients throughout Cape May County. We offer 24/7 phone consultations.
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) 200-6648
By appointment only.
We serve clients in Cape May Court House, Cape May, Wildwood, North Wildwood, Avalon, Stone Harbor, Sea Isle City, and Ocean City (NJ).
FAQs: Taking Indecent Liberties with a Child by Custodian Charges
What does “custodian” mean under this law?
It depends. A custodian is any person over 18 who has assumed responsibility for the care of a child. This can include parents, stepparents, grandparents, teachers, coaches, babysitters, or even a family friend temporarily supervising the child. The key is the role of care and supervision, not just a biological relationship.
Is this charge a felony in New Jersey?
Yes. Taking Indecent Liberties with a Child by a Custodian is classified as a second-degree crime in New Jersey, which is equivalent to a felony. A conviction carries a mandatory state prison sentence of 5 to 10 years.
What is the main difference between this and other sex crimes?
The primary difference is the relationship. This charge specifically applies to a “custodian,” exploiting a position of trust. It does not require the prosecution to prove force, threat, or that the child did not consent. The breach of the custodial duty is a central element of the crime.
Can these charges be dropped or reduced?
It depends. An experienced custodian indecent liberties lawyer Cape May County can work to have charges dropped by challenging the evidence or the definition of “custodian.” Reductions may be possible through negotiation, potentially to a lesser offense that does not carry Megan’s Law requirements, depending on the case’s specific facts.
What should I do if I am investigated for this crime?
Do not speak to law enforcement or investigators without an attorney present. Immediately contact a defense lawyer. Exercise your right to remain silent. Any statements you make can be used against you. An attorney can intervene during the investigation phase, potentially preventing formal charges.
Is parole supervision for life mandatory?
Yes. A conviction under N.J.S.A. 2C:14-3(b) typically mandates Parole Supervision for Life (PSL), also to prison time and Megan’s Law registration. PSL imposes strict, lifelong conditions on where you can live, work, and travel.
Related Practice Areas: Federal Criminal Defense Lawyer Cape May County | DUI Lawyer Cape May County
Other Locations: Civil Litigation Lawyer Atlantic County | Civil Litigation Lawyer Bergen County
Learn More: New Jersey Sex Crimes Lawyer
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
Your case in Cape May County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Cape May County that is the Superior Court of NJ, Cape May Vicinage (1st Vicinage), 9 North Main Street, Cape May Court House, NJ 08210, telephone (609) 463-6550, 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 Cape May 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: Cape May 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.