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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

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