Indecent Liberties

Indecent liberties is a sex crime that prosecutors often charge when someone has forced or non-consensual sexual contact with another. It is defined in RCW 9a.44.100:

(1) A person is guilty of indecent liberties when he or she knowingly causes another person to have sexual contact with him or her or another:

(a) By forcible compulsion;

(b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless;

(c) When the victim is a person with a developmental disability and the perpetrator is a person who is not married to the victim and who:

(i) Has supervisory authority over the victim; or

(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;

(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment;

(e) When the victim is a resident of a facility for persons with a mental disorder or chemical dependency and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

(f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who:

(i) Has a significant relationship with the victim; or

(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.

(2)

(a) Except as provided in (b) of this subsection, indecent liberties is a class B felony.

(b) Indecent liberties by forcible compulsion is a class A felony.

Indecent liberties can be charged as either a class A or B felony, depending on whether force was used in the commission of the crime. This means that someone charged with this offense can face a maximum prison sentence ranging from ten years to life. They would also be required by statute to register as a sex offender, and may be required to participate and complete sex offender treatment.

At Newton & Hall we defend people accused of indecent liberties and all other sex crimes. We know that an allegation of a crime like this can have devastating consequences, and will work hard to limit the damage made. We know that many times those that are accused of these crimes are innocent, and that allegations are often made by others to get even with the accused, or gain other advantage. We often see these allegations made in the context of divorce and parenting cases, and work with a team of skilled family law attorneys to ensure that you are not damaged by false allegations.

When you are facing serious criminal charges we can help. Call us at (253) 867-2675 to schedule a free initial consultation. Our criminal defense attorneys are standing by.