Fairfax County Taking Indecent Liberties with a Child by Custodian Defense Lawyer
Taking Indecent Liberties with a Child by Custodian is a Class 6 felony under Va. Code § 18.2-370.1, carrying 1-5 years in prison and mandatory lifetime sex offender registration. In Fairfax County, these cases are prosecuted aggressively by the Commonwealth’s Attorney’s Office. Law Offices Of SRIS, P.C.
Virginia Law on Taking Indecent Liberties with a Child by Custodian
Virginia law treats offenses involving children and those in positions of trust with extreme severity. The statute for Taking Indecent Liberties with a Child by Custodian, Va. Code § 18.2-370.1, specifically addresses situations where an adult responsible for a child’s welfare violates that trust.
The law defines a “custodian” broadly, including parents, guardians, teachers, coaches, or any person charged with the child’s care. The prohibited acts involve taking indecent liberties with a child under 18, which can include lewd or lascivious acts intended to sexually arouse either party, without the use of force. A conviction is a Class 6 felony, punishable by 1 to 5 years in prison, though sentences can be higher under certain circumstances. Most critically, a conviction mandates lifetime registration as a sex offender under Virginia’s Sex Offender and Crimes Against Minors Registry (Va. Code § 9.1-901).
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, review Va. Code § 18.2-370.1 (official Virginia General Assembly). Fairfax County felony cases are heard at the Fairfax County Circuit Court.
Defense Strategy for Custodian Indecent Liberties Charges in Fairfax
Defending against a charge of Taking Indecent Liberties with a Child by Custodian requires a nuanced approach that addresses both the factual allegations and the legal definition of the relationship. In Fairfax County, the Commonwealth’s Attorney’s Office has specialized units for prosecuting crimes against children, making experienced defense critical.
- Immediate Case Review: After arrest or summons, secure all charging documents and any available discovery to understand the specific allegations and the basis for the “custodian” designation.
- Investigate the Relationship: Thoroughly examine the nature and boundaries of the relationship between the accused and the child. Was there a formal duty of care, or is the prosecution overreaching?
- Challenge the Evidence: Work with investigators to review all interviews, communications, and physical evidence. Consult with forensic experts to evaluate the child’s forensic interview if one was conducted.
- Pre-Trial Motions: File motions to suppress evidence obtained improperly or to challenge the legal sufficiency of the “custodian” element. This can sometimes lead to a reduction or dismissal of charges.
- Trial or Negotiation: Prepare for a vigorous defense at trial, focusing on creating reasonable doubt. Simultaneously, explore negotiations aimed at reducing the charge to an offense that does not carry the lifetime sex offender registry requirement, which is often the primary long-term consequence clients seek to avoid.
Potential Penalties for Taking Indecent Liberties with a Child by Custodian
In Fairfax County, a conviction for Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.1 is a Class 6 felony with severe, long-term consequences beyond incarceration.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties with a Child by Custodian (Va. Code § 18.2-370.1) | Class 6 Felony | 1 – 5 years (Penitentiary time) | Up to $2,500 | N/A | Mandatory lifetime sex offender registration; possible GPS monitoring; loss of professional licenses; restrictions on residence and employment. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand that a charge of Taking Indecent Liberties with a Child by Custodian is not just a legal crisis but a personal one that threatens your reputation, freedom, and future. Our defense team, led by attorneys with deep experience in Fairfax County sex crime cases, focuses on building a fact-based defense to protect your rights. For a custodian indecent liberties lawyer Fairfax County residents can trust, contact our office.
Case Results in Fairfax County
Our firm has a documented history of defending clients against serious sex crime allegations in Fairfax County. In one case, we secured a Nolle Prosequi (dismissal) for a client charged with Attempt to Take Indecent Liberties with a Child Under 15 in Fairfax County General District Court. In other cases, our negotiation and litigation have resulted in charge reductions that allowed clients to avoid mandatory lifetime sex offender registration.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Fairfax County Sex Crime Defense Lawyers
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location is centrally located to serve clients at the Fairfax County Courthouse. We provide experienced legal defense for those accused of Taking Indecent Liberties with a Child by Custodian and other sex offenses. Serving Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. 24/7 phone consultations — meetings by appointment only.
FAQs: Taking Indecent Liberties with a Child by Custodian in Fairfax County
What is the penalty for a sex crime in Fairfax County, Virginia?
It depends on the specific crime. For Taking Indecent Liberties with a Child by Custodian, a Class 6 felony, the penalty is 1-5 years in prison and a fine up to $2,500. Most convictions also require lifetime sex offender registration. Cases are heard at Fairfax County General District Court for preliminary matters and Fairfax County Circuit Court for trials.
Do I have to register as a sex offender in Fairfax County, Virginia?
Yes, most felony sex crime convictions in Virginia, including Taking Indecent Liberties with a Child by Custodian, require lifetime registration under Va. Code § 9.1-901. This involves reporting your address, employment, and vehicles to law enforcement. A primary goal of defense is often to secure a reduction to a non-registry offense.
Who qualifies as a “custodian” under Virginia law?
A custodian is broadly defined as a parent, guardian, or other person responsible for the care of a child. This can include teachers, coaches, babysitters, or family members who have temporary supervision. The prosecution must prove this relationship existed at the time of the alleged act.
What is the difference between this charge and regular indecent liberties?
The key difference is the relationship. Va. Code § 18.2-370 applies to indecent liberties generally. Section 18.2-370.1 applies specifically when the accused is a “custodian,” which carries a heightened duty of care and makes the violation of trust an aggravating factor in the eyes of the law and the court.
How long does a case like this typically take?
Sex crime cases in Fairfax County are complex. From arrest, a preliminary hearing in General District Court typically occurs within 60 days. If certified to Circuit Court, a trial may be scheduled 3 to 12 months later. The timeline can be extended by pre-trial motions, evidence analysis, and negotiation.
Need a child sex offense defense lawyer Fairfax County? For a custodian indecent liberties lawyer Fairfax County residents rely on, contact our firm. We also handle related matters; learn about criminal defense in Fairfax or sex crime defense across Virginia. For cases in neighboring areas, see our page for sex crime defense in Falls Church.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.