Taking Indecent Liberties with a Child by Custodian Lawyer Orange County, NY
Taking indecent liberties with a child by a custodian is a serious felony under New York Penal Law § 130.65, prosecuted in Orange County Supreme Court. If you are a parent, guardian, or other custodian accused of this crime, the consequences are severe, including lengthy prison terms and mandatory sex offender registration. Law Offices Of SRIS, P.C.
What Is Taking Indecent Liberties with a Child by a Custodian in New York?
In New York, the crime of taking indecent liberties with a child by a custodian is addressed under statutes covering sexual abuse and related offenses. A “custodian” is broadly defined as a person legally charged with the care or supervision of a minor, such as a parent, guardian, teacher, coach, or family member. The law prohibits any act of sexual contact or conduct with a child under the custodian’s care, exploiting the position of trust and authority.
Last verified: March 2026 | Orange County Supreme Court | New York State Legislature
The specific elements prosecutors must prove include that the defendant was a custodian of the child, that the child was under a certain age (often 17), and that the defendant engaged in sexual contact or conduct. Defenses often challenge the validity of the accusation, the intent of the defendant, or the interpretation of the relationship. Given the severe penalties, securing a custodian indecent liberties lawyer Orange County immediately is critical.
Official Legal Resources
For the official text of New York’s sex offense statutes, visit the New York State Senate website (Penal Law). For information on court procedures in Orange County, refer to the Ninth Judicial District Court website.
Local Court Process for Sex Crime Charges in Orange County
Charges for taking indecent liberties with a child by a custodian are felonies handled in Orange County Supreme Court. The process begins with an arrest and arraignment. The case is then presented to a grand jury for indictment. If indicted, the case proceeds through pre-trial motions, hearings, and potentially a trial. A key local procedural fact is that these cases are subject to New York’s Sex Offender Registration Act (SORA), which requires a risk assessment hearing before sentencing to determine the level of registration.
- Arrest & Initial Appearance: You will be arrested, booked, and brought before a judge for arraignment, where charges are formally read and bail is set.
- Grand Jury Indictment: The District Attorney’s office will present evidence to a grand jury to secure a felony indictment.
- Pre-Trial Conferences & Motions: Your attorney will file motions to suppress evidence, dismiss charges, or discover the prosecution’s case.
- Plea Negotiations or Trial: Your lawyer will negotiate with prosecutors for a favorable plea deal. If no agreement is reached, the case proceeds to a jury trial.
- SORA Hearing & Sentencing: If convicted, a separate hearing is held to determine your sex offender risk level before the judge imposes a sentence.
Potential Penalties for Taking Indecent Liberties with a Child by Custodian
In Orange County, taking indecent liberties with a child by a custodian is typically charged as a Class D or Class E felony, carrying a potential prison sentence of up to 7 years and mandatory sex offender registration.
| Offense Level | Classification | Incarceration | Fine | Registration | Other Consequences |
|---|---|---|---|---|---|
| Sexual Abuse 1st Degree (by custodian) | Class D Violent Felony | Up to 7 years | Up to $5,000 | Mandatory (min. 20 years) | Protective orders, loss of custody, employment barriers |
| Course of Sexual Conduct Against a Child | Class D or B Felony | 5 to 25 years | Up to $5,000 | Mandatory (often lifetime) | Civil commitment possible, lifetime parole |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm operates on the principle of “Advocacy Without Borders,” bringing a determined, multi-faceted approach to every case. With over 120 years of combined attorney experience and a history of over 4,739 case results, we have the depth of knowledge necessary to confront complex sex crime allegations. We understand that an accusation of taking indecent liberties with a child by a custodian threatens your freedom, family, and future, and we build defenses accordingly.
Our Approach to Sex Crime Defense
We immediately work to secure your release and investigate the allegations. We scrutinize the relationship between the accused and the child, challenge the credibility of the evidence, and examine whether the accused’s actions were misinterpreted. In one firm-wide case, we secured a nolle prosequi (dismissal) for a client charged with promoting child pornography in Maryland. In another, a client facing a child pornography possession charge received a sentence of probation with all incarceration suspended.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Orange County Sex Crime Defense Lawyers
Our New York location serves clients facing charges in Orange County courts, including those in Goshen, Newburgh, and Middletown. We are accessible via I-87 and I-84. If you need a taking indecent liberties with a child by custodian lawyer Orange County residents trust, contact us for a confidential consultation.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
By appointment only.
Phone: (888) 437-7747 | 24/7 Phone Consultations
Meetings by appointment only.
Frequently Asked Questions
What does “custodian” mean in these charges?
It depends. In New York, a custodian is anyone legally responsible for a child’s care, like a parent, guardian, teacher, or coach. The definition is broad and can include family members or anyone in a position of authority over the child.
Is this charge always a felony?
Yes. Taking indecent liberties with a child by a custodian is prosecuted as a felony in New York, typically as Sexual Abuse in the First Degree (Class D felony) or a related serious sex crime.
What is the first thing I should do if accused?
Do not speak to anyone about the case except your lawyer. Immediately contact a child sex offense defense lawyer Orange County like those at SRIS, P.C. at (888) 437-7747. We can advise you on preserving your rights during the investigation.
Can I be required to register as a sex offender?
Yes. A conviction for taking indecent liberties with a child by a custodian mandates registration under New York’s SORA law. The duration (20 years to life) is determined by a judge at a separate hearing after conviction.
What are common defenses to this charge?
Defenses may include mistaken identity, false allegations, lack of intent, challenging the definition of “custodian,” or arguing that the contact was accidental or non-sexual. An experienced custodian indecent liberties lawyer Orange County will identify the best strategy.
If you are under investigation or have been charged, time is critical. Contact Law Offices Of SRIS, P.C. today to start building your defense.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
If you want to see how a Orange 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.