Taking Indecent Liberties with a Child by Custodian Defense in Clarke County, VA
Taking Indecent Liberties with a Child by Custodian is a Class 6 felony under Va. Code § 18.2-370.01, carrying 1-5 years in prison and mandatory lifetime sex offender registration. In Clarke County, these cases are prosecuted aggressively at the Circuit Court. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Clarke County Circuit Court | Virginia General Assembly
The specific charge of Taking Indecent Liberties with a Child by Custodian is defined under Virginia law. A “custodian” includes a parent, guardian, legal custodian, or other person responsible for the child’s care. The statute prohibits acts intended to sexually gratify either the accused or the child, which can include touching, exposure, or other inappropriate conduct. This is distinct from the general indecent liberties statute and carries specific legal implications that require a specialized defense strategy from a child sex offense defense lawyer Clarke County.
For the official statute, see Va. Code § 18.2-370.01 (official Virginia General Assembly). Clarke County felony cases are heard at the Clarke County Circuit Court.
- Secure immediate legal representation before any interviews with law enforcement.
- Your attorney will file motions to suppress evidence and challenge probable cause at the preliminary hearing in General District Court.
- If indicted, your case moves to Clarke County Circuit Court for pre-trial motions and potential plea negotiations.
- A core defense strategy focuses on avoiding convictions that trigger mandatory lifetime sex offender registration.
- Prepare for trial, where the defense will challenge the prosecution’s evidence and witness credibility.
In Clarke County, a conviction for Taking Indecent Liberties with a Child by Custodian carries a prison sentence of 1 to 5 years and mandatory lifetime registration as a sex offender.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties with a Child by Custodian | Class 6 Felony | 1-5 years | Up to $2,500 | N/A | Lifetime Sex Offender Registry, GPS monitoring possible, loss of custody/visitation rights. |
Results may vary. Prior results do not guarantee a similar outcome.
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 specific procedures of Clarke County courts.
In Clarke County, our firm has a documented record of 29 total case results across all practice areas, with a 72% favorable outcome rate. For example, our team, including attorney Matthew Greene who has over 30 years of experience and formerly held a CPS contract in Alexandria, has successfully secured dismissals (nolle prosequi) and charge reductions in sensitive indecent liberties cases.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients facing charges at the Clarke County courts. We represent individuals in Berryville, Boyce, and surrounding communities. As a Taking Indecent Liberties with a Child by Custodian lawyer near Clarke County, we provide accessible and urgent legal support.
FAQs: Taking Indecent Liberties with a Child by Custodian in Clarke County
What is the penalty for a sex crime in Clarke County, Virginia?
Penalties vary by charge. Taking Indecent Liberties with a Child by Custodian (§ 18.2-370.01) is a Class 6 felony with 1-5 years in prison. Rape carries 5 years to life. Most felony convictions require lifetime sex offender registration. Cases are heard at Clarke County General District Court and Circuit Court.
Do I have to register as a sex offender for a Taking Indecent Liberties with a Child by Custodian conviction?
Yes. A felony conviction for Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.01 mandates lifetime registration under Va. Code § 9.1-901. This is a critical reason to fight the charge or seek a reduction to a non-registry offense with a skilled child sex offense defense lawyer Clarke County.
How long does a Taking Indecent Liberties with a Child by Custodian case take?
It typically takes 3-12 months from arrest to trial. The process starts with a preliminary hearing in Clarke County General District Court within 21-60 days. If the case proceeds, it moves to Circuit Court. Complex evidence like digital forensics can extend the timeline. An experienced custodian indecent liberties lawyer Clarke County can handle these stages efficiently.
What is the difference between a custodian and a non-custodian charge?
The key difference is the relationship. A “custodian” has a recognized duty of care (parent, guardian, etc.). The separate statute (§ 18.2-370.01) for custodians reflects the heightened breach of trust, which can influence sentencing and societal consequences, making a specialized defense even more vital.
Can these charges be reduced or dismissed?
It depends. Outcomes depend on evidence strength, procedural defenses, and negotiation. Possible strategies include challenging the custodial relationship, suppressing improperly obtained evidence, or negotiating a plea to a lesser offense that doesn’t require sex offender registration. Early intervention by a defense attorney is crucial.
For more information, see our Virginia Sex Crime Defense hub. We also assist with general criminal defense in Clarke County and DUI charges.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. for current guidance.