Generally, when a person is charged with taking indecent liberties, the liberties must be taken in the physical presence of the child, but physical contact is not required. Exposing one's private parts to a child with sexual intent may constitute the crime. An indecent liberty may consist of communication of indecent language.
The following is an example of a state statute dealing with taking indecent liberties:
"21-3503. Indecent liberties with a child.
(a) Indecent liberties with a child is engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age:
- Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
- soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.
(b) It shall be a defense to a prosecution of indecent liberties with a child as described in subsection (a)(1) that the child was married to the accused at the time of the offense.
(c) Indecent liberties with a child is a severity level 5, person felony."