Taking Indecent Liberties with a Child by Custodian Lawyer Fairfax — What Are Your Defense Options?
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 Fairfax County, these cases are prosecuted aggressively at the Circuit Court. Law Offices Of SRIS, P.C. has documented results defending these charges, including dismissals and reductions.
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly
Virginia Law on Taking Indecent Liberties with a Child by Custodian
Virginia Code § 18.2-370.1 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 lascivious act intended to sexually arouse or gratify any person, committed with a child under 18 by someone in a custodial role. This is distinct from the general indecent liberties statute (§ 18.2-370) and carries severe penalties due to the breach of trust involved. The law is designed to protect children from exploitation by those entrusted with their welfare.
Official Legal Resources
For the full text of the statute, refer to the official Va. Code § 18.2-370.1 (Virginia General Assembly). Fairfax County felony sex crime cases are tried in the Fairfax County Circuit Court.
Fairfax County Court Process for Custodian Indecent Liberties Charges
The prosecution of a Taking Indecent Liberties with a Child by Custodian case in Fairfax County follows a specific legal path. The case begins with an arrest or indictment. A preliminary hearing may be held in the Fairfax County General District Court to determine if there is probable cause to send the felony charge to the Circuit Court. The Commonwealth’s Attorney for Fairfax County handles these cases, which often involve sensitive evidence and witness testimony.
- Arrest & Initial Appearance: You will be taken before a magistrate. Bond is often contested in these cases.
- Preliminary Hearing: Held in Fairfax County General District Court within 21-60 days to establish probable cause.
- Grand Jury Indictment: The case is presented to a grand jury; if indicted, it proceeds to Circuit Court.
- Circuit Court Arraignment: You formally enter a plea of not guilty in Fairfax County Circuit Court.
- Pre-Trial Motions & Discovery: Your attorney files motions to challenge evidence and reviews all discovery from the prosecution.
- Trial or Resolution: The case proceeds to a jury trial or is resolved through negotiation, often focusing on avoiding mandatory registry requirements.
Penalties for Taking Indecent Liberties with a Child by Custodian in Virginia
In Fairfax County, a conviction for Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.1 is a Class 6 felony with severe, long-term consequences.
| 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 to 5 years in prison, or up to 12 months in jail if sentenced as a misdemeanor. | Up to $2,500 | None directly, but conviction affects many professional licenses. | Mandatory lifetime registration on the Virginia Sex Offender Registry; potential GPS monitoring; loss of custody/visitation rights; severe impact on employment and housing. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Sex Crime Defense in Fairfax
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 custodian indecent liberties charge, where a conviction alters every aspect of your future. Our approach is direct: we analyze the evidence, challenge the prosecution’s narrative, and work toward the best possible resolution, whether that is dismissal, reduction of charges, or a vigorous trial defense.
Case Results in Fairfax County
Our firm has a documented record of handling sensitive sex crime charges in Fairfax County. For instance, we have secured nolle prosequi (dismissals) for clients charged with Attempted Taking Indecent Liberties with a Child in Fairfax County General District Court. In one case, the charge was dismissed after pre-trial motions challenged the sufficiency of the evidence. In another, negotiations resulted in the Commonwealth opting not to proceed. Each case is unique, and these results demonstrate our active engagement in building defenses for these serious allegations.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Fairfax Sex Crime Defense Lawyers
Our Fairfax location at 4008 Williamsburg Court is centrally located to serve clients at the Fairfax County courts. We are a Taking Indecent Liberties with a Child by Custodian lawyer Fairfax near the Fairfax County Courthouse, accessible from communities like Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, and Annandale.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
FAQs: Taking Indecent Liberties with a Child by Custodian in Fairfax
What is the penalty for Taking Indecent Liberties with a Child by Custodian in Fairfax County?
It is a Class 6 felony punishable by 1-5 years in prison and a fine up to $2,500. A conviction also mandates lifetime registration on the Virginia Sex Offender Registry.
Do I have to register as a sex offender if convicted?
Yes. A felony conviction under Va. Code § 18.2-370.1 requires lifetime registration under Va. Code § 9.1-901. Avoiding a registry-triggering conviction is often a primary goal of the defense.
What is the difference between this and general indecent liberties?
The key difference is the status of the accused. General indecent liberties (§ 18.2-370) applies to any person. The custodian statute (§ 18.2-370.1) applies specifically to parents, guardians, or others responsible for the child’s care, reflecting a greater breach of trust.
How long does a case like this typically take?
These cases are complex. From arrest, a preliminary hearing occurs in 21-60 days. If indicted, a Circuit Court trial in Fairfax County may be scheduled 3-12 months later. Investigations and evidence review can extend the timeline.
What should I do if I am investigated for this charge?
Do not speak to investigators without an attorney. Immediately contact a child sex offense defense lawyer Fairfax. Exercise your right to remain silent and your right to counsel. Early intervention by a lawyer is critical.
Internal Resources: For more on our sex crime defense practice, see our Virginia Sex Crime Lawyer hub page. We also assist with related matters like Criminal Defense in Fairfax and DUI Defense in Fairfax.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.