Taking Indecent Liberties with a Child by Custodian Lawyer in Chesapeake, 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 Chesapeake, these cases are prosecuted aggressively in Circuit Court. A custodian indecent liberties lawyer Chesapeake from Law Offices Of SRIS, P.C.
Virginia Law on Taking Indecent Liberties with a Child by Custodian
Virginia law treats offenses against children with extreme seriousness, especially when the accused is in a position of trust. The specific statute for Taking Indecent Liberties with a Child by Custodian is Va. Code § 18.2-370.01. This law makes it a felony for a custodian or person with supervisory authority over a child under 18 to engage in certain acts with lascivious intent. A conviction requires lifetime registration as a sex offender under Va. Code § 9.1-901.
Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly
Penalties for a Conviction in Chesapeake
In Chesapeake, a conviction for Taking Indecent Liberties with a Child by Custodian is a Class 6 felony with a penalty of 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 § 18.2-370.01) | 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; GPS monitoring possible; loss of custody/visitation rights; professional license revocation. |
Results may vary. Prior results do not guarantee a similar outcome.
Defense Strategy for Chesapeake Cases
Defending against a charge of Taking Indecent Liberties with a Child by Custodian requires a meticulous, evidence-based approach. The prosecution must prove both the specific act and the “lascivious intent” beyond a reasonable doubt. A child sex offense defense lawyer Chesapeake will scrutinize every detail.
- Immediate Case Review: After arrest, secure legal representation to analyze the warrant, affidavit, and initial evidence.
- Evidence Challenge: File motions to suppress evidence obtained improperly or challenge the reliability of witness statements and forensic interviews.
- Intent Defense: Build a case demonstrating the absence of “lascivious intent,” which is a required element the state must prove.
- Negotiation & Trial Prep: Engage in pre-trial negotiations with the prosecutor, aiming for charge reduction or dismissal, while simultaneously preparing a strong trial defense.
Why Choose Our Firm for Your 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 understand the severe, life-altering consequences of a sex crime conviction, especially one involving a child and a position of trust. Our approach is direct and focused on protecting your rights and future.
Matthew Greene
Primary Attorney for Sex Crimes in Virginia
Bar Admissions: Virginia, District of Columbia
Matthew Greene brings over 30 years of legal experience, including a former 14-year contract with Child Protective Services in Alexandria. This background provides unique insight into the investigative protocols and strategies used in cases involving minors, which is invaluable for building an effective defense against charges like Taking Indecent Liberties with a Child by Custodian.
Case Results & Client Advocacy
Our firm has a documented record of achieving favorable outcomes in complex 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. While Mr. Sris provides strategic oversight on complex matters, attorney Matthew Greene leads the hands-on defense in Chesapeake sex crime cases.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Chesapeake Sex Crime Defense Lawyers
Our Richmond location serves clients facing charges in Chesapeake courts. We are accessible via I-64 and other major routes. If you need a custodian indecent liberties lawyer Chesapeake residents trust for aggressive defense, contact us 24/7.
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. 24/7 phone consultations.
We serve clients in Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
FAQs: Taking Indecent Liberties with a Child by Custodian in Chesapeake
What is the penalty for a sex crime in Chesapeake, Virginia?
Penalties vary by charge. For Taking Indecent Liberties with a Child by Custodian (§ 18.2-370.01), it is a Class 6 felony with 1-5 years in prison and mandatory lifetime sex offender registration. Other felonies like rape carry life sentences.
Do I have to register as a sex offender in Chesapeake, Virginia?
Yes. A conviction for Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.01 requires lifetime registration under § 9.1-901. A primary defense goal is often to avoid a conviction that triggers this requirement.
What does “custodian” mean under Virginia law?
It depends. Va. Code § 18.2-370.01 defines a custodian as a person charged with the care, custody, or control of a child. This can include parents, guardians, teachers, coaches, babysitters, or any person temporarily responsible for the child’s welfare, whether related or not.
How long does a sex crime case take in Chesapeake, Virginia?
These cases typically take 3 to 12 months from arrest to trial. The process starts with a preliminary hearing in Chesapeake General District Court within 21-60 days. If bound over, the case proceeds to Chesapeake Circuit Court, where timelines can extend due to evidence review and motions.
What is the difference between § 18.2-370 and § 18.2-370.01?
The key difference is the status of the accused. Va. Code § 18.2-370 applies to any person committing indecent liberties with a child under 15. Va. Code § 18.2-370.01 specifically applies when the accused is a “custodian” or person with supervisory authority over a child under 18, carrying similar severe penalties.
Related Legal Resources
- Virginia Sex Crime Defense Lawyer
- Sex Crime Defense Lawyer in Henrico County
- Chesapeake Criminal Defense Lawyer
Page Last verified: April 2026. 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. for a confidential consultation.
