Taking Indecent Liberties with a Child by Custodian Lawyer in Chesterfield 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 Chesterfield County, these cases are prosecuted aggressively by the Commonwealth’s Attorney. Law Offices Of SRIS, P.C. provides a strong defense for those accused, with documented results in Chesterfield County.
Virginia Law on Taking Indecent Liberties with a Child by Custodian
Virginia Code § 18.2-370.01 defines the specific crime of Taking Indecent Liberties with a Child by Custodian. This statute applies when a person who is a custodian or person with supervisory authority over a child under 18 commits any act intended to sexually gratify themselves or the child. A “custodian” includes a parent, guardian, or other person responsible for the child’s care. The law is distinct from the general indecent liberties statute (§ 18.2-370) due to the abuse of a position of trust.
Last verified: April 2026 | Chesterfield County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the statute, see Va. Code § 18.2-370.01 (official Virginia General Assembly). Cases are heard at the Chesterfield County General District Court for preliminary hearings and the Chesterfield County Circuit Court for trials.
Defense Strategy for Custodian Cases in Chesterfield County
Chesterfield County prosecutors treat custodian cases with high priority due to the breach of trust. A key local procedural fact is that the Commonwealth’s Attorney’s office often seeks high, secured bonds and GPS monitoring in these cases. Defense strategy must focus on challenging the intent element, the definition of “custodian,” and the credibility of evidence. Given the severe, lifelong consequences of a conviction—especially the sex offender registry—negotiating for a charge reduction to a non-registry offense is often a critical objective.
- Immediate Consultation: Contact a lawyer immediately after arrest or being named in a warrant. Do not speak to investigators.
- Bond Hearing: Prepare for a bond hearing at Chesterfield County General District Court, where arguments against GPS monitoring or for a lower bond can be made.
- Preliminary Hearing: Within 21-60 days, a hearing in General District Court determines if there is probable cause to send the case to Circuit Court.
- Investigation & Discovery: Your attorney will obtain all evidence, including police reports, forensic interviews, and digital evidence, to build your defense.
- Trial or Negotiation: The case will proceed to a jury trial in Circuit Court or be resolved through plea negotiations aimed at minimizing penalties.
Penalties for Taking Indecent Liberties with a Child by Custodian
In Chesterfield County, a conviction for Taking Indecent Liberties with a Child by Custodian carries a prison sentence of 1 to 5 years, a fine up to $2,500, and mandatory lifetime registration as a sex offender.
| 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 | Up to $2,500 | None | Lifetime sex offender registration; possible GPS monitoring; loss of custody/visitation rights; professional license revocation. |
Results may vary. Prior results do not guarantee a similar outcome.
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 high stakes of a Taking Indecent Liberties with a Child by Custodian charge and the specific procedures of Chesterfield County courts. Our approach is direct and focused on protecting your future.
Case Results in Sex Crime Defense
Our firm has a documented record in sex crime defense. In Chesterfield County, we have achieved favorable outcomes for clients. For example, our team has successfully defended against charges including Attempted Indecent Liberties with a Child, securing dismissals (nolle prosequi) in other Virginia jurisdictions. Mr. Sris, our managing attorney, provides strategic oversight on complex cases, ensuring every defense is thorough.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Chesterfield County Sex Crime Defense Lawyers
Our Richmond location serves clients facing charges at the Chesterfield County courts (9500 Courthouse Road). We are a Taking Indecent Liberties with a Child by Custodian lawyer Chesterfield County residents can consult for a strong defense strategy.
Neighborhoods Served: Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, Moseley.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
By appointment only.
FAQs: Taking Indecent Liberties with a Child by Custodian Charges
What is the penalty for a sex crime in Chesterfield County, Virginia?
Penalties vary by charge. Taking Indecent Liberties with a Child by Custodian is a Class 6 felony with 1-5 years in prison and lifetime sex offender registration. Rape carries 5 years to life. Most convictions require lifetime registration.
Do I have to register as a sex offender in Chesterfield County, Virginia?
Yes. Most felony sex crime convictions in Virginia, including Taking Indecent Liberties with a Child by Custodian, require lifetime registration under Va. Code § 9.1-901. A primary defense goal is often to avoid a conviction that triggers this requirement.
How long does a sex crime case take in Chesterfield County, Virginia?
It depends. Cases typically take 3-12 months from arrest to trial. A preliminary hearing in General District Court occurs within 21-60 days. The Circuit Court trial may be scheduled 3-12 months later. Processing forensic evidence can extend the timeline.
What is the difference between a custodian and non-custodian indecent liberties charge?
The key difference is the relationship. A charge under § 18.2-370.01 requires the accused to be a parent, guardian, or person with supervisory authority over the child. The general statute (§ 18.2-370) applies to any person. The custodian charge involves a greater abuse of trust.
Can a charge be reduced to avoid sex offender registration?
It depends. In some cases, skilled negotiation with the Commonwealth’s Attorney can result in a plea to a lesser offense that does not carry mandatory lifetime registration. This is a complex strategy that depends on the evidence and the specifics of the case.
Related Practice Areas: If you are facing other charges, our firm also provides defense for criminal charges and DUI offenses in Chesterfield County.
Other Locations: We also assist clients in neighboring areas like Henrico County and Colonial Heights.
Statewide Information: For more on Virginia sex crime defense, visit our Virginia sex crime lawyer hub page.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.