Virginia Beach Taking Indecent Liberties with a Child by Custodian Lawyer — What Are Your Defense Options?
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 Virginia Beach, these cases are prosecuted aggressively at the Virginia Beach General District Court and Circuit Court. Law Offices Of SRIS, P.C.
Virginia Law on Taking Indecent Liberties with a Child by Custodian
Virginia Code § 18.2-370.01 specifically defines the crime of Taking Indecent Liberties with a Child by Custodian. A “custodian” is broadly defined as a parent, guardian, legal custodian, or any other person responsible for the child’s care, whether in a residential or custodial setting. The statute prohibits any act intended to sexually gratify either the custodian or the child, including proposing such an act. This law recognizes the heightened duty of care and trust placed in a custodian and imposes severe penalties for its violation.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly Code
Official Legal Resources
For the official text of the statute, refer to Va. Code § 18.2-370.01 (official Virginia General Assembly). Court procedures and filings for Virginia Beach cases are handled through the Virginia Beach General District Court website.
Defending a Custodian Indecent Liberties Charge in Virginia Beach
Virginia Beach Circuit Court handles all felony sex crime trials, with preliminary hearings held in Virginia Beach General District Court. These cases frequently involve complex evidence and aggressive prosecution by the Commonwealth’s Attorney. The mandatory lifetime sex offender registry under § 9.1-901 makes achieving a charge reduction or dismissal critical. A custodian indecent liberties lawyer Virginia Beach from our firm focuses on challenging the prosecution’s evidence, examining the validity of the custodial relationship, and protecting your constitutional rights from the initial investigation through trial.
- Immediate Legal Consultation: Contact an attorney before speaking with investigators. Anything you say can be used against you.
- Case Assessment & Investigation: Your lawyer will review all allegations, police reports, and potential evidence to identify weaknesses in the prosecution’s case.
- Preliminary Hearing Strategy: At the General District Court hearing, your attorney will challenge the probable cause for the felony charge, potentially seeking dismissal or reduction.
- Pre-Trial Motions & Negotiation: File motions to suppress evidence, challenge custodial status, or dispute the validity of the charge. Negotiate with prosecutors to avoid a registry-triggering conviction.
- Trial Preparation: If a favorable plea cannot be reached, prepare a vigorous defense for trial in Virginia Beach Circuit Court, challenging witness credibility and evidence.
- Sentencing & Registry Mitigation: If convicted, advocate for the minimum sentence and explore all legal avenues to minimize the long-term impact, including potential appeals.
Penalties for Taking Indecent Liberties with a Child by Custodian
In Virginia Beach, a conviction for Taking Indecent Liberties with a Child by Custodian carries severe, life-altering penalties under Va. Code § 18.2-370.01.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties with a Child by Custodian | Class 6 Felony | 1 to 5 years in prison (or up to 12 months in jail if reduced to misdemeanor) | Up to $2,500 | N/A | Mandatory lifetime sex offender registration; possible GPS monitoring; loss of custody/visitation; professional license revocation. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Virginia Beach Sex Crime 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 provide a dedicated, strategic defense focused on protecting your future.
Case Results
Our firm has a documented history of achieving favorable results in challenging sex crime cases. For example, 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. Firm founder Mr. Sris provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Virginia Beach Sex Crime Defense Lawyers Near You
Our Richmond location serves clients facing charges at Virginia Beach courts. We are accessible via I-264, I-64, and Route 44. We provide legal representation for individuals in Virginia Beach, Sandbridge, and Oceana.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
What is the penalty for Taking Indecent Liberties with a Child by Custodian in Virginia Beach?
It is a Class 6 felony punishable by 1-5 years in prison, a fine up to $2,500, and mandatory lifetime sex offender registration under Va. Code § 9.1-901.
Do I have to register as a sex offender if convicted?
Yes. A felony conviction for Taking Indecent Liberties with a Child by Custodian in Virginia requires lifetime registration, reporting your address, employment, and vehicles to law enforcement.
Who qualifies as a “custodian” under this law?
It depends. The law defines a custodian as a parent, guardian, legal custodian, or any person responsible for the child’s care in a residential or custodial setting. This can include family members, babysitters, coaches, or teachers. A child sex offense defense lawyer Virginia Beach can analyze the specifics of your situation.
How long does a case like this typically take?
Sex crime cases in Virginia Beach often take 3-12 months from arrest to trial. The timeline can be extended by forensic evidence analysis, pre-trial motions, and negotiation. The preliminary hearing at Virginia Beach General District Court usually occurs within 21-60 days of arrest.
What should I do if I am investigated for this charge?
Immediately contact a custodian indecent liberties lawyer Virginia Beach. Do not speak to police or investigators without an attorney present. Exercise your right to remain silent and allow your lawyer to manage all communications.
Related Legal Services: If you are facing other charges, we also provide representation for Criminal Defense in Virginia Beach, DUI/DWI charges, and Family Law matters. For more information on sex crime defense across Virginia, visit our Virginia Sex Crime Defense hub page. We also serve clients in nearby areas like Henrico County and Chesterfield County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.