Indecent Liberties with a minor is defined as the act of sexual arousing and/or any gratifying act with a minor. If a person is charged with indecent liberties with a minor, it means that they are being accused of exposing their own or a minor’s private parts and/or the inappropriate touching of a minor. The state of Maryland does not have any specific laws on indecent exposure but judges have created a constitute on what combines to form indecent liberties:
- Exposure of private parts
- under Maryland law these include male and female genitals, buttocks and female breasts.
- Willful Intent
- The defendant purposely intended to expose their own private parts in front of a minor or purposely intended to expose a minor’s private parts.
- Public place or in the presence of any other individuals
- The crime must take place in a public location with at least one other person present at the time. This person does not have to be physically present, but are considered so as long as they have a visual of the crime taking place.
Actions that are considered indecent liberties with a minor in Maryland include:
- Exposing one’s private parts to a minor or promoting a minor to expose their own private parts.
- The fondling of a minor’s genitals, or suggesting that a minor fondle the person’s genitals or their own genitals.
- Promoting sexual intercourse to a minor
- Attempting to get a minor to enter a vehicle, house, or any building to engage in any of the previously stated acts.
If any of the actions are anything more than suggestions or enticement, the charges on the defendant will be much greater than indecent liberties.
An Indecent exposure is usually categorized as a misdemeanour. If the circumstances of the charge are more severe it may be considered a felony offense. If there is inappropriate touching involved the misdemeanour will be upgraded to a sexual assault charge and therefore have a much more serious punishment.
Since the crime of indecent liberties with a minor substantially relies on intent in Maryland, a defendant who chooses to plead innocent may argue that they did not intend to expose their genitals in front of a minor or intend for a minor to expose their genitals before them. If a defendant succeeds in proving they did not have intent, they will make the first requirement needed for and indecent liberties charge to be filed invalid and so increase their chances of winning their case.
A person charged with taking indecent liberties with a minor faces a class 5 felony which means they may face the possibility of 1 to 10 years of prison time and a fine of up to $2500. If an individual has a prior conviction that may relate to taking indecent liberties with a minor, the indecent liberties will be considered a class 4 felony and they may be charged with 2 to 10 years of prison time and a fee that may reach up to $100,000.
If you need a Maryland indecent exposure Lawyer to help you with your indecent exposure case in Maryland, call us at 888-437-7747. Our Maryland indecent exposure Attorneys can help you. C