Taking Indecent Liberties with a Child by Custodian Lawyer in James City County, Virginia
Taking Indecent Liberties with a Child by Custodian is a Class 5 felony under Va. Code § 18.2-370.01, carrying 1-10 years in prison and mandatory lifetime sex offender registration. Law Offices Of SRIS, P.C. provides a strong defense for these serious charges in Williamsburg/James City County GDC. Our team, led by former prosecutor Mr.
Last verified: April 2026 | Williamsburg/James City County GDC | 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 § 18.2-370.01. This law makes it a felony for a person in a custodial or supervisory role—such as a parent, guardian, teacher, or coach—to engage in certain acts with a child under their care. The charge is distinct from general indecent liberties under § 18.2-370 due to the abuse of a position of trust. A conviction results in a Class 5 felony, which carries a prison sentence of 1 to 10 years, or up to 12 months in jail and a fine at the court’s discretion. Most critically, a felony conviction under this statute mandates lifetime registration as a sex offender under Virginia’s registry laws.
Official Legal Resources
For the official text of the statute, refer to Va. Code § 18.2-370.01 (official Virginia General Assembly). Court procedures for James City County are handled at the Williamsburg/James City County General District Court for preliminary hearings, with felony trials in Circuit Court.
Defense Strategy for a Custodian Indecent Liberties Charge in James City County
Defending against a charge of Taking Indecent Liberties with a Child by Custodian requires a case-specific approach that challenges the prosecution’s evidence on multiple fronts. In James City County, these cases are prosecuted aggressively by the Commonwealth’s Attorney. The defense must scrutinize the alleged victim’s statements for inconsistencies, examine the timeline of events, and challenge any forensic or digital evidence. A key strategy often involves negotiating to reduce the charge to a non-registry offense or a misdemeanor to avoid the lifelong consequences of sex offender registration.
- Secure Immediate Legal Representation: Contact a lawyer before speaking to investigators. Anything you say can be used against you.
- Case Assessment & Investigation: Your attorney will review all evidence, including police reports, witness statements, and any digital communications.
- Preliminary Hearing Strategy: At the General District Court hearing, your lawyer will challenge the probable cause for the felony charge.
- Negotiation & Motion Practice: Before trial, your defense will file motions to suppress evidence and negotiate with the Commonwealth’s Attorney for a favorable resolution.
- Trial Preparation: If the case proceeds to Circuit Court, your attorney will prepare a full trial defense, including experienced witnesses if needed.
- Sentencing & Registry Mitigation: If convicted, your lawyer will advocate for the minimum sentence and explore all options to minimize registration requirements.
Potential Penalties for Taking Indecent Liberties with a Child by Custodian
In James City County, a conviction for Taking Indecent Liberties with a Child by Custodian as a Class 5 felony carries severe penalties, including a mandatory prison term and lifelong registration.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties with a Child by Custodian (Va. Code § 18.2-370.01) | Class 5 Felony | 1-10 years in prison (or up to 12 months in jail) | Up to $2,500 | N/A | Mandatory lifetime sex offender registration; loss of custodial rights; professional license revocation. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in 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 results in sensitive and complex sex crime cases. For instance, attorney Matthew Greene, with over 30 years of experience including a 14-year contract with Child Protective Services in Alexandria, provides deep insight into cases involving allegations against custodians. We understand that a charge of Taking Indecent Liberties with a Child by Custodian threatens your freedom, reputation, and future, and we build defenses accordingly.
Documented Case Results
Our firm has a history of achieving favorable outcomes in challenging cases. In one instance, we secured a Nolle Prosequi (dismissal) for a client charged with Attempted Indecent Liberties with a Child in Fairfax County GDC. In another complex case in Bedford County Circuit Court involving three felony counts of computer solicitation of a minor, we successfully negotiated an amended charge with a reduced sentence.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our James City County Sex Crime Defense Lawyers
Our Richmond location serves clients facing charges at the Williamsburg/James City County courts. We are accessible via I-64 and Route 60. If you need a child sex offense defense lawyer James City County or a custodian indecent liberties lawyer James City County, contact us for a confidential consultation.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
We serve the communities of Williamsburg, Norge, Toano, and Lightfoot.
Frequently Asked Questions (FAQs)
What is the penalty for Taking Indecent Liberties with a Child by Custodian in Virginia?
It is a Class 5 felony punishable by 1-10 years in prison and a fine up to $2,500. A conviction mandates lifetime sex offender registration under Va. Code § 9.1-901.
Do I have to register as a sex offender if convicted?
Yes. A felony conviction under Va. Code § 18.2-370.01 requires lifetime registration. A primary defense goal is often to avoid a conviction that triggers this requirement.
What is the difference between this and regular indecent liberties?
It depends on the relationship. The “by custodian” charge applies specifically when the accused is in a position of authority over the child, such as a parent, teacher, or coach, making the potential penalties and societal consequences more severe.
How long does a case like this typically take?
Sex crime cases in James City County can take 3 to 12 months from arrest to trial. The timeline can be extended by forensic evidence analysis, such as digital device examinations.
Can the charge be reduced to a misdemeanor?
It depends on the evidence and negotiation. While the statute is a felony, an experienced attorney may negotiate a reduction to a misdemeanor offense that does not carry the sex offender registry requirement, which is a critical objective.
Internal Resources: For more information, see our Virginia Sex Crime Defense hub page. We also assist with related matters like general criminal defense in James City County and DUI defense. For cases in nearby areas, consider our sex crime defense in Henrico County.
Page Last verified: April 2026. Laws change—contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.