Taking Indecent Liberties with a Child by Custodian Lawyer in Fauquier County, Virginia
Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.1 is a Class 6 felony in Fauquier County, carrying 1-5 years in prison and mandatory lifetime sex offender registration. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County across all practice areas.
Last verified: April 2026 | Fauquier County General District 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 felony for a person in a custodial or supervisory role to propose or perform any act with the intent of sexually arousing or gratifying themselves or the child. A “custodian” includes parents, guardians, teachers, coaches, or any person responsible for the child’s care. This is distinct from the general indecent liberties statute (§ 18.2-370) and carries severe penalties.
Penalties for a Conviction in Fauquier County
In Fauquier County, a conviction for Taking Indecent Liberties with a Child by Custodian is a Class 6 felony with a penalty range 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 | Class 6 Felony | 1-5 years prison (or up to 12 months jail) | Up to $2,500 | N/A | Mandatory lifetime sex offender registration under Va. Code § 9.1-901; GPS monitoring possible; loss of custody/visitation; professional license revocation. |
Results may vary. Prior results do not guarantee a similar outcome.
Defense Strategy for a Custodian Indecent Liberties Charge
- Immediate Case Review: Do not speak to investigators. Contact a child sex offense defense lawyer Fauquier County immediately to protect your rights.
- Preliminary Hearing: Your case begins at Fauquier County General District Court (6 Court Street, Warrenton). This hearing tests the prosecution’s evidence.
- Evidence Analysis: We scrutinize all evidence, including digital forensics, witness statements, and the nature of the alleged custodial relationship.
- Circuit Court Proceedings: If indicted, the felony trial moves to Fauquier County Circuit Court. Defense focuses on intent, mistaken allegations, or lack of custodial authority.
- Negotiation & Trial: We negotiate for charge reductions to avoid mandatory registry. If necessary, we prepare a vigorous trial defense.
- Sentencing & Registry: If convicted, we advocate for minimal sentencing and explore all options to mitigate the lifelong consequences of registration.
Our Experience in Fauquier County Sex Crime Cases
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm has over 120 years of combined legal experience and a documented record of firm-wide 4,739+ case results with a 93%+ favorable outcome rate. We understand the high stakes of a Taking Indecent Liberties with a Child by Custodian charge. Our lead attorney for these cases, Matthew Greene, brings over 30 years of experience, including a former 14-year contract with Child Protective Services in Alexandria, providing unique insight into these complex investigations.
Case Results in Sex Crime Defense
Our firm has a documented history of achieving favorable results in sex crime cases. 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. Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Fauquier County Sex Crime Defense Lawyers
Our Fairfax location serves clients at the Fauquier County courts in Warrenton. We represent individuals in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
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 Fauquier County
What is the penalty for a sex crime in Fauquier County, Virginia?
Penalties vary by charge. For Taking Indecent Liberties with a Child by Custodian (§ 18.2-370.1), it is a Class 6 felony with 1-5 years in prison and mandatory lifetime sex offender registration. Other crimes like rape carry life sentences. All cases start at Fauquier County General District Court.
Do I have to register as a sex offender for a custodian indecent liberties charge?
Yes. A conviction under Va. Code § 18.2-370.1 triggers mandatory lifetime registration under Va. Code § 9.1-901. This requires reporting your address, employment, and vehicles to law enforcement. A primary defense goal is to avoid a conviction that mandates registration.
What makes “by custodian” different from general indecent liberties?
It depends on the relationship. The “by custodian” statute (§ 18.2-370.1) applies when the accused has authority over the child (parent, teacher, coach). The general statute (§ 18.2-370) applies to any person. The custodian charge often carries greater scrutiny and social stigma, making the defense more complex.
How long does a case like this take in Fauquier County?
A case for Taking Indecent Liberties with a Child by Custodian typically takes 3 to 12 months from arrest to trial. The preliminary hearing at the General District Court occurs within 21-60 days. The Circuit Court trial timeline depends on evidence complexity, including forensic analysis.
Should I talk to Child Protective Services (CPS) without a lawyer?
No. You have the right to remain silent and the right to an attorney. CPS investigations can run parallel to criminal cases. Anything you say can be used against you. Consult with a child sex offense defense lawyer Fauquier County before speaking with any investigators.
Related Pages: For more information, see our Virginia Sex Crime Defense Lawyer hub page. We also assist with Fauquier County Criminal Defense and Fauquier County DUI Defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.