Defending Yourself Against Indecent Liberties Charges

 Posted on December 20, 2023 in Sex Offenses

Oftentimes, in cases where there are alleged indecencies with a minor, the only witnesses are the defendant and the child. A minor’s testimony can be compelling, garnering sympathy in the courtroom. A child could also be mistaken about what occurred or coached to make the defendant look guilty. When dealing with such cases, it helps to have an experienced and skillful attorney representing your best interest and safeguarding your legal rights.

What are Indecent Liberties?

Indecent liberties are improper acts committed by individuals that society regards as lewd or obscene. The spectrum for what is considered indecent liberty with a minor is broad but can include actions such as:

• “French kissing” (kissing with tongues)
• Engaging in or attempting to engage in sexual acts or sexual intercourse
• Exposing one’s genitals or masturbating in front of a child
• Taking lewd photos or videos

The minor does not need to be touched for indecent liberties to occur. A child cannot consent to sexual acts, and therefore, consent cannot be used as a defense in court. The excuse “I thought they were an adult” is also not permitted as a defense. Mistaking the age of a child does not absolve a defendant of guilt. In this case, a minor is considered 17 years old or younger in Illinois.

Penalties For a Conviction of Indecent Liberties with a Minor

Indecent liberties with a child will more than likely be linked to another charge, such as child abuse, child sexual abuse, child molestation, or child pornography, to name only a few. A conviction of such crimes as sexual assault, sexual abuse, criminal sexual abuse, or criminal sexual assault can have a defendant facing fines of $2,500 to $25,000 and anywhere from one year to 15 years, depending on the severity of the crime. Prior convictions for similar offenses can scale imprisonment to 30 years with a possible extension to up to 60 years.

When Accused or Arrested For Indecent Liberties with a Minor

Accusations of indecent liberties with a child, even without a conviction, can easily destroy the lives and livelihoods of those who stand accused. When facing accusations or being placed under arrest for the aforementioned crime, you must immediately exercise your right to remain silent. Law enforcement will more than likely default to believing the accuser over the accused in sex offenses. By remaining silent, you prevent giving away any information that could be used to prosecute you. The only thing you need to speak to the police about is a request to have legal representation present.

Contact a DuPage County, IL Criminal Defense Attorney

 Sex crimes of any nature are not to be taken lightly. An experienced, no-nonsense Naperville, IL, indecent liberties with a child defense lawyer is exactly what is required when facing such allegations. Contact the Law Office of Philip R. Nathe to receive a free consultation and develop a defense strategy. Call 630-416-7600 right now to consult a lawyer who is on your side and preserve your rights.