Indecent Libertieswith a Minor
A serious, discreet defense for the gravest accusation.
This Accusation Requires a Defense from the First Minute
This is the charge that affects a life before the first court appearance. The accusation alone can cost a job, a home, a reputation, and contact with your own children. Many of these accusations arise in the middle of a divorce or custody dispute.
Benitez Family Law works in family court every day. We recognize the context these accusations come from and know how to present it to the criminal court.
Matters we commonly handle
- Indecent liberties with a child (N.C. Gen. Stat. § 14-202.1): Class F felony
- Accusations arising during custody, divorce, or DSS investigations
- Bond conditions and no-contact orders at the initial stage
The statute applies when a person 16 or older, and at least five years older than the child, takes or attempts to take an indecent liberty with a child under 16 for the purpose of sexual gratification. The State does not need to prove physical contact. It does need to prove purpose. That is the line of defense.
What to do now
Do not discuss the case with anyone: not family, not the other party, not DSS, not the police.
Do not contact the child or the child’s family by any means.
Do not delete anything from your phone or devices. Doing so is a new charge.
Keep every communication with the child’s family, especially if there is a custody case.
Talk to us before the first appearance. Bond conditions are set that day.
A thoughtful, strategic approach
- Purpose. Without proof of sexual intent, there is no offense.
- The origin of the accusation. When it was made, who made it, and what was happening in the family at the time.
- The forensic interview. Child interviews follow strict protocols. When they are broken, the statement loses its weight.
- Digital evidence. We examine what the State claims to have before it uses it.
- An investigator and experts when the case calls for them.
Where your case is heard
As a felony, the case begins in district court and moves to superior court.
- Wake County
- Wake County Justice Center, 300 S. Salisbury Street, Raleigh.
- Forsyth County
- Forsyth County Hall of Justice, 200 N. Main Street, Winston-Salem.
What is at stake
- Class F felony: minimum sentence of 10 to 41 months depending on prior record; the maximum sentence can reach 59 months
- Sex offender registration for 30 years
- Permanent housing and employment restrictions
- Loss of custody and contact with your own children
Frequently asked questions
Can I be convicted on the child’s statement alone?
Legally, yes. That is why the defense is built around context, inconsistencies, and the process through which the accusation arose.
Should I talk to DSS?
Not without representation. What you say there is used in the criminal case.
Can I see my children while the case is open?
It depends on the bond conditions and any family court order in place. We coordinate both proceedings.
How long does a case like this take?
Months, often more than a year. We prepare you for that road.
- Fees
- This type of case is handled with an initial retainer and hourly billing, explained in writing before you sign, with payment plans available. The scope of the work cannot be known at the outset, and a flat fee would not honestly reflect that.
Begin with aPrivate Conversation
Before you speak with anyone, speak with us. Confidential consultation.
Schedule a Private Consultation