Indecent Liberties With a Minor in Virginia
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Taking indecent liberties with a child under fifteen is a Class 5 felony in Virginia under Va. Code § 18.2-370. The statute applies to a person eighteen or older who knowingly and intentionally commits one of several listed acts with lascivious intent toward a child under fifteen, including exposing oneself, proposing a sexual act, or enticing the child to a place for such a purpose. No physical contact is required. That distinction is why a large share of these cases begin online, in a chat or messaging app, and why many of them are the product of a police operation in which no actual child was ever involved.
Law Offices Of SRIS, P.C. defends indecent liberties charges across Virginia. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor, and he and the firm’s Of Counsel attorneys have handled felony sex offense cases in Virginia courts since 1997. The defense in an indecent liberties case centers on three questions: what the accused actually knew about the age of the other person, whether the conduct alleged falls within the statute’s listed acts, and whether the evidence of lascivious intent is what the Commonwealth says it is.
A conviction under § 18.2-370 carries registration on Virginia’s Sex Offender and Crimes Against Minors Registry in addition to any sentence. Because of that consequence, the defense objective in nearly every case is to avoid a conviction under this statute. To discuss a Virginia indecent liberties charge, call (888) 437-7747.
What an Indecent Liberties Charge Means in Virginia
Va. Code § 18.2-370 lists the specific acts that constitute the offense when committed by an adult with lascivious intent toward a child under fifteen. The Commonwealth must prove the accused’s age, the child’s age, the act, and the intent. Each element is a separate point of defense.
Age and knowledge. The statute concerns a child under fifteen. Where the accused reasonably believed the other person was older, the evidence of that belief, including the platform used, the profile, and the messages exchanged, is central. In sting operations the "child" is a detective, and the case turns entirely on the words exchanged.
The act. The statute lists specific conduct. Conversation that is offensive but does not amount to a listed act, such as a proposal of a sexual act or an enticement to a place, may not satisfy the statute. The firm reviews the full message history rather than the excerpts selected for the warrant affidavit.
Lascivious intent. The Commonwealth must prove a state of mind. Virginia courts look to the accused’s words and conduct for evidence of that intent, and the defense examines whether the messages support the Commonwealth’s reading or a different one.
A related provision, taking indecent liberties by a person in a custodial or supervisory relationship, is charged under a separate section and applies to children under eighteen. The two statutes have different elements, and the charging document must be read carefully to identify which one is cited.
Procedure follows the felony track. The case begins in the General District Court of the county or city where the charge was filed, proceeds through a preliminary hearing on probable cause, and moves to the Circuit Court on indictment. Bond is addressed at the first appearance. Many indecent liberties cases involve a search of the accused’s phone and computer, and the timing and scope of that search is an early focus of the defense.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Indecent Liberties Cases
The firm’s first step is the bond hearing, prepared with the factors a Virginia judge weighs and, where relevant, conditions that address the court’s concern about internet access.
The second step is the digital evidence. The firm obtains the warrant and affidavit, the full extraction of every device, and the platform records from the messaging service. It compares the complete conversation against the excerpts in the affidavit. It examines whether the officer initiated sexual content, whether the accused was told an age and when, and whether the accused took any step toward a meeting. An independent forensic examiner is retained where the extraction or the timeline is in dispute.
The third step is the preliminary hearing, where the detective testifies under oath and the defense tests the Commonwealth’s account of the conversation.
The fourth step is resolution. In some cases the evidence on age, act, or intent does not support the felony, and the charge is reduced or dismissed. In others the case proceeds to trial in the Circuit Court. The firm prepares every case for trial and does not guarantee a particular outcome.
The Firm’s Attorneys
Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635. The firm’s Of Counsel attorneys contract directly with the firm and appear in General District and Circuit Courts throughout Virginia.
The firm’s principal location is at 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule. The intake line is staffed 24/7.
Frequently Asked Questions
Is indecent liberties with a minor a felony in Virginia?
Yes. Taking indecent liberties with a child under fifteen is a Class 5 felony under Va. Code § 18.2-370. A related offense committed by a person in a custodial or supervisory role over a child under eighteen is charged under a separate section. Both are felonies, both proceed through a preliminary hearing to the Circuit Court, and both carry registration on the Sex Offender and Crimes Against Minors Registry upon conviction.
Can I be charged if there was no real child, only a police officer?
Yes. Virginia charges these cases where the accused believed the other person was a child under fifteen, and sting operations in which a detective poses as a minor produce a large share of indecent liberties prosecutions. The defense in a sting case turns on what age was represented, when, and by whom, on who introduced sexual content, and on whether the accused’s messages amount to one of the acts listed in the statute.
What if I did not know the person was under fifteen?
Knowledge of age is a contested element in many of these cases. Where the accused reasonably believed the other person was an adult, the evidence of that belief matters: the dating or messaging platform’s age requirements, the profile, the photographs, and the content of the conversation. The firm gathers and presents that evidence. Whether a mistake of age is a complete defense depends on the specific statute and facts, and the firm advises on that question after reviewing the file.
Will I have to register as a sex offender?
A conviction under Va. Code § 18.2-370 requires registration on Virginia’s Sex Offender and Crimes Against Minors Registry. Registration restricts residence and employment and continues for years after any sentence. Avoiding a conviction under a registrable statute is the central objective of the defense, and it shapes every decision from the bond hearing forward.
Should I delete the messages or the app?
No. Deletion after an investigation begins can itself become evidence against you and may raise separate legal problems. Preserve everything and give it to counsel. The complete conversation is often more favorable to the defense than the excerpts selected by the detective, and the defense needs the full record to show that.
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