Taking Indecent Liberties with a Child by Custodian Lawyer Warren County, NY
A charge of Taking Indecent Liberties with a Child by Custodian in Warren County is a serious felony under NY Penal Law § 130.65, carrying up to 7 years in prison and mandatory SORA registration. Law Offices Of SRIS, P.C. provides immediate, strategic defense for these sensitive cases.
What Is Taking Indecent Liberties with a Child by Custodian in New York?
The crime of Taking Indecent Liberties with a Child by Custodian is defined under New York Penal Law Article 130, specifically addressing sexual misconduct by those in a position of trust. A “custodian” includes a parent, guardian, or any person legally responsible for the child’s care. The statute criminalizes acts intended to gratify sexual desire when the victim is under 17 and the actor is at least 18 and the child’s custodian.
Last verified: April 2026 | Warren County Supreme Court | New York State Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm has over 120 years of combined legal experience. We approach these cases with the gravity they demand, understanding that a conviction can mean decades of sex offender registration and the permanent loss of custody or visitation rights.
Official Legal Resources
For the official text of the law, refer to NY Penal Law § 130.65 (official New York State Senate). Court procedures and filings for Warren County are handled through the Warren County Supreme Court website.
Warren County Court Process for Custodian Indecent Liberties Charges
In Warren County, charges of Taking Indecent Liberties with a Child by Custodian are felonies prosecuted in Supreme Court. The process begins with a grand jury indictment. Given the nature of the charge, prosecutors often seek high bail and move aggressively. The court will also schedule a Sex Offender Registration Act (SORA) risk level hearing, which is a separate proceeding that can have lifelong implications.
- Arrest & Arraignment: You will be arraigned in Warren County Supreme Court, where formal charges are 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 Motions: Your attorney will file motions to suppress evidence, challenge the sufficiency of the indictment, or address other legal issues.
- Plea Negotiations: Your lawyer will engage with prosecutors, often leveraging weaknesses in their case to seek a reduction or favorable plea.
- SORA Hearing: If convicted, a separate hearing is held to determine your risk level (1, 2, or 3) and corresponding registration requirements.
- Trial or Disposition: The case proceeds to trial or is resolved through a negotiated plea agreement.
Penalties for Taking Indecent Liberties with a Child by Custodian
In Warren County, Taking Indecent Liberties with a Child by Custodian is a Class D violent felony under NY Penal Law § 130.65, punishable by up to 7 years in state prison and 10 years of post-release supervision.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties with a Child by Custodian | Class D Violent Felony | Up to 7 years | Up to $5,000 | N/A | Mandatory SORA registration (min. 20 years), possible civil commitment under Article 10, loss of custody/visitation, permanent criminal record. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Sex Crime Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team, led by former prosecutor Mr. Sris, brings a combined 120+ years of legal experience to every case. We have a documented record of achieving favorable outcomes in sensitive and complex sex crime cases, including dismissals and charge reductions. Our approach is direct and strategic, focusing on the specific facts and legal vulnerabilities of each case.
Case Results in Sex Crime Defense
Our firm has a documented history of handling sensitive sex crime cases. While specific results in Warren County are not publicly verifiable, our approach is informed by extensive experience. For example, we have secured dismissals (nolle prosequi) in child pornography distribution cases and negotiated favorable dispositions in other complex matters.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C. | Warren County Sex Crime Defense
Serving: Lake George, Glens Falls, Queensbury, Bolton Landing, Warrensburg, Chestertown, North Creek
Accessible via: I-87, I-90, Route 9
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. The term is broadly defined in NY Penal Law and includes a parent, guardian, or any person legally responsible for a child’s care. This can extend to stepparents, live-in partners, or even temporary caregivers if a legal duty of care is established. A child sex offense defense lawyer Warren County can analyze your specific relationship to the child.
Is this charge always a felony?
Yes. Taking Indecent Liberties with a Child by Custodian under § 130.65 is always charged as a Class D violent felony in New York. There is no misdemeanor version of this specific statute, highlighting the seriousness with which the state views a breach of trust.
Can I be required to register as a sex offender?
Yes. A conviction for this offense mandates registration under the New York Sex Offender Registration Act (SORA). The minimum registration period is 20 years, but it can be for life. The court will hold a separate SORA hearing to determine your risk level (1, 2, or 3), which dictates reporting requirements and public notification.
What are common defenses to this charge?
Defenses often challenge the intent element, the definition of “custodian,” the credibility of the allegations, or the legality of evidence obtained. False accusations, misunderstandings, or lack of criminal intent are areas a custodian indecent liberties lawyer Warren County will investigate thoroughly. The “rape shield law” limits certain defense strategies, making experienced counsel essential.
Will I lose custody of my children if charged?
It is very likely. Family Court can initiate proceedings to remove custody or restrict visitation based on the criminal charges alone, even before a conviction. These are parallel proceedings that require immediate legal attention alongside your criminal defense to protect your parental rights.
Related Legal Information
For more information, see our New York Sex Crime Lawyer hub. We also assist clients in nearby areas like Albany County. If you are facing other charges in Warren County, we handle DUI and Criminal Defense matters.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding Taking Indecent Liberties with a Child by Custodian lawyer Warren County representation.
The same rules apply outside Warren County, and our page on taking indecent liberties with a child by custodian charges across Virginia walks through each stage.