Taking Indecent Liberties with a Child by Custodian Lawyer in Poquoson, Virginia
Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.1 is a Class 6 felony in Poquoson, carrying 1-5 years in prison and mandatory lifetime sex offender registration. As a custodian indecent liberties lawyer Poquoson, Law Offices Of SRIS, P.C. defends against these serious allegations.
Virginia Law on Taking Indecent Liberties with a Child by Custodian
Virginia law treats offenses by those in a position of trust with heightened severity. The specific statute for Taking Indecent Liberties with a Child by Custodian is Va. Code § 18.2-370.1. This law makes it a felony for a custodian—such as a parent, guardian, or other person responsible for the child’s care—to commit any act intended to sexually gratify themselves or the child, or to sexually abuse the child, without using force.
Last verified: April 2026 | Poquoson General District Court | Virginia General Assembly
This statute is distinct from the general indecent liberties law (§ 18.2-370) due to the aggravating factor of the custodial relationship. The prosecution must prove the accused was a custodian and that the act was for sexual gratification or abuse. A conviction results in a felony record and triggers the lifetime sex offender registry under Va. Code § 9.1-901.
Official Legal Resources
Defense Strategy for a Custodian Indecent Liberties Charge in Poquoson
Poquoson Circuit Court handles all felony sex crime trials, with preliminary hearings in Poquoson General District Court. The Commonwealth’s Attorney prosecutes these cases aggressively. For a charge of Taking Indecent Liberties with a Child by Custodian, the emotional weight of the accusation is immense. A primary defense strategy involves challenging the intent element—proving the alleged acts were not for sexual gratification or abuse. This often requires a detailed investigation into the context of the interactions and the relationship dynamics.
- Immediate Consultation: Contact a lawyer immediately after being charged or questioned. Do not speak to investigators without counsel.
- Case Assessment: Your attorney will review all charges, evidence, and the specific allegations regarding the custodial relationship.
- Investigation: A defense investigation will gather evidence, interview witnesses, and analyze the prosecution’s case for weaknesses.
- Pre-Trial Motions: File motions to suppress evidence or dismiss charges if constitutional rights were violated or the evidence is insufficient.
- Negotiation or Trial: Engage in plea negotiations aimed at reducing or dismissing charges. If no fair offer is made, prepare for a jury trial in Poquoson Circuit Court.
Potential Penalties for Taking Indecent Liberties with a Child by Custodian
In Poquoson, a conviction for Taking Indecent Liberties with a Child by Custodian carries severe, life-altering penalties including a mandatory felony record and lifetime registration as a sex offender.
| 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 to 5 years in prison | Up to $2,500 | N/A | Mandatory lifetime sex offender registration; possible GPS monitoring; loss of custody/visitation rights; professional license revocation. |
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 4,739+ case results with a 93%+ favorable outcome rate. We understand the high stakes of a Taking Indecent Liberties with a Child by Custodian charge and the unique procedural field of Poquoson courts. Our approach is direct and focused on protecting your rights and future.
Case Results in Sex Crimes Defense
Our firm has a documented history of achieving favorable results in sensitive cases. In Fairfax County General District Court, we secured a nolle prosequi (dismissal) for a client charged with Attempted Indecent Liberties with a Child Under 15. In Bedford County Circuit Court, we successfully negotiated the amendment and reduction of three felony computer solicitation charges. Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting and information systems, provides strategic oversight on complex cases, ensuring every defense angle is explored.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Poquoson Sex Crimes Defense Lawyers
Our Richmond location serves clients facing charges at the Poquoson courts. We are accessible via Route 171 (Victory Blvd) and Route 134.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
24/7 phone consultations. Serving Poquoson and surrounding communities.
FAQs: Taking Indecent Liberties with a Child by Custodian in Poquoson
What is the penalty for Taking Indecent Liberties with a Child by Custodian in Poquoson?
It is a Class 6 felony. The penalty is 1 to 5 years in prison, a fine up to $2,500, and mandatory lifetime registration as a sex offender under Virginia law.
Do I have to register as a sex offender if convicted?
Yes. A conviction for Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.1 requires lifetime registration on the Virginia Sex Offender Registry, per Va. Code § 9.1-901.
What is the difference between this and regular indecent liberties?
It depends on the relationship. The “by custodian” charge (Va. Code § 18.2-370.1) applies specifically when the accused is a parent, guardian, or someone responsible for the child’s care. The general charge (Va. Code § 18.2-370) applies to any person. The penalties are similarly severe, but the custodial element is an aggravating factor.
How long does a case like this take?
Sex crime cases in Poquoson typically take 3-12 months from arrest to trial. A preliminary hearing in General District Court occurs within 21-60 days. If forensic or digital evidence is involved, the timeline may extend further due to processing.
Why do I need a child sex offense defense lawyer Poquoson?
These charges are legally complex and carry catastrophic consequences. An experienced lawyer can investigate the allegations, challenge the prosecution’s evidence, protect your constitutional rights, and work toward a resolution that may avoid a conviction and the lifetime sex offender registry.
Related Pages: For more information, see our Virginia Sex Crime Defense hub. We also assist with general criminal defense in Poquoson and DUI defense in Poquoson.
Page last verified and updated: 2026-04-01. Laws change frequently. For the most current advice regarding a charge of Taking Indecent Liberties with a Child by Custodian, contact Law Offices Of SRIS, P.C. at (888) 437-7747.