North Carolina Criminal Law Chapter(s) 14-202.4: Taking Indecent Liberities with a Student (by Teacher, School Administrator, Student Teacher, School Safety Officer, Coach)

1. Definition and Elements of the Crime

Under North Carolina Criminal Law Chapter 14-202.4, the crime of taking indecent liberties with a student is defined as the intentional or attempted commission of a lewd or lascivious act on a student and/or taking or attempting to take an action against the body (or any part of the body) of a student for the purposes of sexual gratification.

To prove a charge of indecent liberties with a student, the State must be able to establish the following prima facie elements Beyond a Reasonable Doubt:

That the Victim is a student
That the Defendant was a teacher, school administrator, student teacher, school safety officer or coach at the same school
That the Defendant willfully: (a) took or attempted to take any immoral, improper, or indecent liberties with the victim for the purpose of arousing or gratifying sexual desire OR (b) committed or attempted to commit a lewd or lascivious act upon or with the body or any part or member of the body of the victim
That this act occurred during or after the time the Defendant and the Victim were present together in the same school

“Student” means a person enrolled in kindergarten, or in grade one through grade 12 in any school.

“School safety officer” means any other person who is regularly present in a school for the purpose of promoting and maintaining safe and orderly schools and includes a school resource officer.

“Same school” means a school at which the student is enrolled or is present for school sponsored or school-related activity and the school personnel is employed, volunteers, or is present for a school sponsored or school-related activity.

“School personnel” includes those employed by nonpublic, charter or regional schools

It is not necessary that there be a touching of the child by the Defendant in order to constitute an indecent liberty. For example, a court can instruct the jury that an indecent liberty is an immoral, improper or indecent touching or act by defendant upon the child or an inducement by defendant of an immoral or indecent touching by the child.

“Indecent liberty” does not include vaginal intercourse or a sexual act as defined in North Carolina Criminal Law Chapter 14-27.1.

2. Examples

The Defendant, a middle school teacher, 32, sends inappropriate (sexual) photos and videos of herself to two of her 14-year-old male students at the Middle School. Defendant can be charged with 2 counts of taking indecent liberties with a student.

Defendant, a 29-year-old teacher from a Middle School, begins having inappropriate conversations with a student and exchanging pornographic images. Defendant can be charged with taking indecent liberties with a student.

Defendant, a 22 year old high school girls basketball coach, sends explicit texts and videos of himself masturbating to a student on the team. Defendant can be charged with taking indecent liberties with a student.

3. Related Offenses

Other similar or related offenses include:

North Carolina Criminal Law Chapter 14-202.4: Taking Indecent Liberties with a Student (by Member of School Personnel Other Than Teacher, School Administrator, Student Teacher, School Safety Officer, Coach) (Misdemeanor – A1)
North Carolina Criminal Law Chapter 14-202.1: Taking an Indecent Liberty With a Child

4. Civil Lawsuit Information in North Carolina:

5. Lawsuits Involving Indecent Liberties with a Student

The Powers Law Firm helps people victimized by sexual offenses and sexual predators.

To be clear, the State of North Carolina prosecutes criminal charges involving sex offenses including things like:

Sex offenses
Sexual Battery
Indecent Liberties

The Plaintiffs Lawyers at our law firm bring CIVIL causes of action for money damages for those sex offenses. We sue the offender and those legally responsible for damages.

Lawsuits may be filed for matters involving what would other be considered either a felony or misdemeanor charge.

Civil lawsuits are different than criminal charges.

A lawsuit is separate and apart from criminal charges, although the same conduct/acts can be the basis for both an indictment in criminal court and institution of a civil lawsuit in civil court.

The District Attorney’s office prosecutes criminal charges. Private civil attorneys bring lawsuits, not the State of North Carolina.

Legal liability may also extend to the sex offender, churches, schools, and other agencies responsible for background checks and the proper supervision and training employees, staff, and personnel.

6. Powers Law Firm: Plaintiff Lawyers for Civil Causes of Action involving Sex Offenses

Our law firm provides legal representation in bringing civil causes of actions against sex offenders, churches, private and public institutions for negligence claims.

When legally appropriate, punitive damages may be appropriate for such matters.

The firm is available for consultation involving civil law suits alleging sexual battery, sex offenses, and improper supervision and training throughout North Carolina.

Powers Law Firm consultations for plaintiff matters are free of charge.

That is NOT true for family law matters where a True Retainer, Consultation Fee, and hourly rates apply. Family law cases involve things like separation, divorce, child support, custody, and equitable distribution.

As such, legal matters involving negligence, gross negligence, accidents, and other tortious conduct do not involve a consultation fee. Those include things like car accidents, trucking accidents, bicycle accidents, pedestrian injuries, and wrongful death claims.

Everything you tell any attorney or legal support staff at the firm are also strictly confidential.

Given the sensitivity of such matters, we prefer to meet in-person to discuss whether a legally actionable cause of action exists.

Call NOW to schedule an appointment: 704-342-4357

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