Full question:
What kind of evidence is required to get someone charged for indecent liberties? My son was charged with this crime, and he said he is not guilty. He is 28 and has never been in jail for . The girl who said this is between the age of 12.14.my son has 3 kids of his own.
- Category: Criminal
- Date:
- State: North Carolina
Answer:
The answer will be a matter of subjective determination for the court based upon all the facts and circumstances involved. State laws on obscenity vary by state. Obscenity is highly subjective and is defined according to community standards. Lewdness is one of the crimes that falls under the category of obscenity. The words "obscene, lewd and lascivious" as used in the law, signify that form of immorality which has relation to sexual impurity and has a tendency to excite lustful thoughts. To be commit a criminally lewd act is generally defined as when a person:
1.exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or
2.does any lewd act in a public place which he knows is likely to be observed by others who would be affronted or alarmed.
Obscene matter is defined as acts or printed matter, film, or photographs which:
1.Applying contemporary local community standards, on the whole, appeals to the prurient interest; and
2.Is patently offensive; and
3.On the whole, lacks serious literary, artistic, political or scientific value.
Please see the following NC statute to determine applicability:
14-202.1. Taking indecent liberties with children.
(a) A person is guilty of taking indecent liberties with
children if, being 16 years of age or more and at least
five years older than the child in question, he either:
(1) Willfully takes or attempts to take any immoral,
improper, or indecent liberties with any child of either sex
under the age of 16 years for the purpose of arousing or
gratifying sexual desire; or
(2) Willfully commits or attempts to commit any lewd or
lascivious act upon or with the body or any part or member of
the body of any child of either sex under the age of 16 years.
(b) Taking indecent liberties with children is punishable as
a Class F felony.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
