Augusta 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 Augusta County, these cases are prosecuted aggressively in Circuit Court. Law Offices Of SRIS, P.C. provides a strong defense for those accused, focusing on challenging evidence and protecting your future.
Last verified: April 2026 | Augusta County Circuit Court | Virginia General Assembly
Virginia Law on Taking Indecent Liberties with a Child by Custodian
The specific statute for Taking Indecent Liberties with a Child by Custodian is Va. Code § 18.2-370.1. This law makes it a crime for a custodian or person with supervisory authority over a child under 18 to propose or perform any act with the intent to sexually molest, arouse, or gratify themselves or the child. A “custodian” includes parents, guardians, teachers, coaches, or anyone responsible for the child’s care. The charge is separate from the general indecent liberties statute (§ 18.2-370) and carries the same severe penalties. A conviction results in a permanent felony record and mandatory registration on the Virginia Sex Offender and Crimes Against Minors Registry under Va. Code § 9.1-901.
Augusta County Court Process for Custodian Indecent Liberties Charges
All felony Taking Indecent Liberties with a Child by Custodian cases in Augusta County begin with a preliminary hearing at the Augusta County General District Court (6 East Johnson Street, Staunton). The Commonwealth’s Attorney must show probable cause for the case to proceed. If bound over, the case moves to Augusta County Circuit Court for trial. Given the sensitive nature of these charges, early and strategic defense is critical to challenge the prosecution’s evidence and intent.
- Arrest & Initial Appearance: You will be arrested and brought before a magistrate. Bond may be set, but conditions like no contact with the alleged victim or minors are almost certain.
- Preliminary Hearing: Your case is heard in Augusta County General District Court. Your lawyer can cross-examine witnesses and argue to have the charge dismissed for lack of probable cause.
- Circuit Court Arraignment: If the case proceeds, you will be formally arraigned on the indictment in Augusta County Circuit Court and enter a plea.
- Pre-Trial Motions & Discovery: Your defense attorney will file motions to suppress evidence, challenge the definition of “custodian,” and obtain all police reports, interviews, and forensic evidence.
- Trial or Negotiation: The case will either go to a jury trial or be resolved through negotiation, potentially seeking a reduction to a non-registry offense.
- Sentencing & Registry: If convicted, you face prison time and will be required to register as a sex offender for life, with strict reporting requirements.
Penalties for Taking Indecent Liberties with a Child by Custodian in Virginia
In Augusta County, a conviction for Taking Indecent Liberties with a Child by Custodian is a Class 6 felony punishable by 1 to 5 years in prison, or up to 12 months in jail and a fine up to $2,500.
| 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 in prison (or up to 12 months in jail) | Up to $2,500 | None directly | 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 Augusta County Sex Crime Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of handling sensitive and complex sex crime charges. Our approach is direct and strategic, focusing on the specific facts and legal weaknesses in the prosecution’s case against you.
Our defense team, including Mr. Sris, works to protect your rights from the initial investigation through trial. We understand that an accusation of Taking Indecent Liberties with a Child by Custodian can upend your life, and we work to secure the best possible outcome.
Results may vary. Prior results do not guarantee a similar outcome.
Augusta County Sex Crime Defense Lawyer Near You
Our Shenandoah/Woodstock location serves clients in Augusta County. We are accessible via I-81 and I-64. We serve the communities of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
24/7 Phone Consultations — Meetings By Appointment Only
Toll-Free: (888) 437-7747 | Local: (888) 437-7747
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location
505 N Main St, Suite 103
Woodstock, VA 22664
By appointment only.
FAQs: Taking Indecent Liberties with a Child by Custodian in Augusta County
What is the difference between § 18.2-370 and § 18.2-370.1?
Yes, there is a key difference. Va. Code § 18.2-370 applies to anyone committing indecent liberties with a child under 15. § 18.2-370.1 specifically applies when the accused is a “custodian” or has supervisory authority over the child, who must be under 18. The penalties are the same, but the “custodian” element can affect the prosecution’s strategy and potential defenses.
Who qualifies as a “custodian” under this law?
It depends on the relationship and responsibility. The law defines a custodian as a parent, guardian, legal custodian, or other person responsible for the child’s care. This can include teachers, coaches, daycare providers, stepparents, or family members entrusted with supervision. The prosecution must prove this relationship existed at the time of the alleged act.
Is lifetime sex offender registration mandatory for this charge?
Yes. A conviction for Taking Indecent Liberties with a Child by Custodian, a felony under § 18.2-370.1, requires mandatory lifetime registration on the Virginia Sex Offender and Crimes Against Minors Registry. This is often the most severe long-term consequence, making charge reduction a primary defense goal.
What are common defenses to this charge?
Defenses may include challenging the intent element (proving no sexual intent), disputing the “custodian” status, false accusation, mistaken identity, or lack of evidence. In some cases, constitutional violations during the investigation can lead to evidence being suppressed. An experienced child sex offense defense lawyer Augusta County can evaluate the specific facts for viable defenses.
Should I speak to the police if I’m accused?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer any questions without your lawyer present. Anything you say can be misconstrued and used against you. Contact a custodian indecent liberties lawyer Augusta County immediately before speaking to anyone about the allegation.
Related Pages: Virginia Sex Crime Defense Lawyer | Shenandoah County Sex Crime Lawyer | Augusta County Criminal Defense Lawyer
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. for current legal guidance.