Taking Indecent Liberties with a Child by Custodian Lawyer in Falls Church, Virginia
Taking Indecent Liberties with a Child by Custodian is a Class 6 felony under Va. Code § 18.2-370.01, carrying 1 to 5 years in prison and mandatory lifetime sex offender registration. In Falls Church, these cases are prosecuted aggressively in the Falls Church General District Court and Circuit Court. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Falls Church General District Court | Virginia General Assembly
Virginia Law on Taking Indecent Liberties with a Child by Custodian
The specific statute for Taking Indecent Liberties with a Child by Custodian is Va. Code § 18.2-370.01. This law makes it a crime for a custodian or person with supervisory authority over a child under 18 to engage in certain acts with lascivious intent. A “custodian” includes a parent, guardian, or other person responsible for the child’s care. The acts can include exposing one’s sexual or genital parts, proposing that the child expose themselves, or proposing sexual intercourse. The charge is separate from the general indecent liberties statute (§ 18.2-370) and carries the same severe penalties. A conviction results in a permanent felony record and mandatory registration on the Virginia Sex Offender and Crimes Against Minors Registry.
Legal Resources and Court Information
For the official text of the law, refer to Va. Code § 18.2-370.01 (official Virginia General Assembly). Felony cases are heard in the Falls Church Circuit Court, with preliminary hearings at the Falls Church General District Court located at 300 Park Avenue, Suite 151W.
Defense Strategy for Falls Church Cases
Defending against a charge of Taking Indecent Liberties with a Child by Custodian in Falls Church requires immediate and careful action. The Commonwealth’s Attorney aggressively pursues these cases, and the consequences of a conviction are life-altering. A key local procedural fact is that the court frequently orders GPS monitoring as a condition of bond, with costs borne by the defendant. The primary defense strategy often involves challenging the element of “lascivious intent” and the credibility of the evidence, as these cases can hinge on interpretation of events with no physical evidence.
- Secure immediate legal representation before any questioning.
- Your attorney will file for a bond hearing to argue for your release with minimal restrictions.
- Your lawyer will review all discovery, including any forensic or digital evidence.
- We will challenge the prosecution’s evidence and intent argument in pre-trial motions.
- If necessary, we will negotiate aggressively to seek a reduction or alternative disposition to avoid mandatory registry requirements.
- Prepare for a rigorous defense at trial in Falls Church Circuit Court if a fair plea cannot be reached.
Potential Penalties for a Conviction
In Falls Church, a conviction for Taking Indecent Liberties with a Child by Custodian carries a prison sentence of 1 to 5 years, a fine up to $2,500, and lifetime sex offender registration.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties with a Child by Custodian (Va. Code § 18.2-370.01) | Class 6 Felony | 1 – 5 years | Up to $2,500 | N/A | Lifetime sex offender registration, GPS monitoring possible, loss of custody/visitation rights, professional license revocation. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Sex Crime Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of achieving favorable outcomes in sensitive and complex sex crime cases. Our approach is direct and focused on the specific facts and legal challenges of your situation.
Case Results in Sex Crime Defense
Our firm has a documented result in Falls Church for sex crime defense, with a 100% favorable outcome rate in that locality. One example includes a case where we secured a nolle prosequi (dismissal) for a client charged with Attempted Indecent Liberties with a Child in Fairfax County. In Bedford County Circuit Court, we successfully negotiated an amendment and reduced sentence for a client facing three felony charges of computer solicitation of a minor.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Falls Church Sex Crime Defense Lawyers
Our Fairfax location serves clients at the Falls Church courts (300 Park Avenue), accessible via Route 7, Route 29, I-66, and I-495. We are a trusted child sex offense defense lawyer Falls Church near the West Falls Church Metro. We serve the communities of Falls Church.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
By appointment only.
Frequently Asked Questions
What is the penalty for a sex crime in Falls Church, Virginia?
It depends on the specific charge. For Taking Indecent Liberties with a Child by Custodian, the penalty is 1 to 5 years in prison and lifetime sex offender registration. Other felonies like rape carry 5 years to life. Cases are heard at the Falls Church General District Court and Circuit Court.
Do I have to register as a sex offender in Falls Church, Virginia?
Yes. A felony conviction for Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.01 requires lifetime registration under Va. Code § 9.1-901. This mandates reporting your address, employment, and vehicle to law enforcement. A core defense goal is often to avoid a conviction that triggers this requirement.
How long does a sex crime case take in Falls Church, Virginia?
Sex crime cases typically take 3 to 12 months from arrest to trial. A preliminary hearing in General District Court occurs within 21-60 days. The Circuit Court trial follows. Cases involving digital forensics or DNA analysis may take longer due to evidence processing.
What should I do if I am accused of Taking Indecent Liberties with a Child by Custodian?
Do not speak to investigators without an attorney. Contact a custodian indecent liberties lawyer Falls Church immediately. Your lawyer can advise you on your rights, help secure your release on bond, and begin building a defense to protect you from the severe consequences of a conviction.
What is the difference between a custodian and non-custodian charge?
The charge of Taking Indecent Liberties with a Child by Custodian (Va. Code § 18.2-370.01) applies specifically to parents, guardians, or others responsible for the child’s care. The general indecent liberties statute (§ 18.2-370) applies to any person. Both are Class 6 felonies, but the custodian charge can have additional implications for family court matters like custody.
If you need a Taking Indecent Liberties with a Child by Custodian lawyer Falls Church, contact us for a case evaluation. We also recommend reviewing our page on criminal defense in Falls Church. For broader information, see our Virginia sex crime defense hub. We also assist clients in neighboring areas like Fairfax County.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.