Lexington Taking Indecent Liberties with a Child by Custodian Lawyer — What Is Your Defense?
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 Lexington, these cases are prosecuted aggressively in the Lexington General District and Circuit Courts. Law Offices Of SRIS, P.C. provides a strong defense for these serious charges.
Statutory Definition of Taking Indecent Liberties with a Child by Custodian
In Virginia, the specific crime of Taking Indecent Liberties with a Child by Custodian is defined under Va. Code § 18.2-370.01. This statute makes it a felony for a person who is a custodian or person with supervisory authority over a child under 18 to knowingly and intentionally propose that the child expose their private parts, propose sexual intercourse or sodomy, or propose that the custodian expose themselves or engage in sexual contact with the child. 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 | Lexington General District Court | Virginia General Assembly
Official Legal Resources
For the official statute, see Va. Code § 18.2-370.01 (official Virginia General Assembly). Court proceedings for this felony occur at the Lexington General District Court for preliminary hearings and the Lexington Circuit Court for trials.
Local Court Process for a Custodian Indecent Liberties Charge
In Lexington, a charge of Taking Indecent Liberties with a Child by Custodian begins with an arrest or summons. The case proceeds to a preliminary hearing at the Lexington General District Court to determine probable cause. Given the sensitive nature and position of trust involved, prosecutors often seek high bonds and pursue the case vigorously. A strong defense strategy from the outset is critical to challenge the evidence and intent required for conviction.
- Arrest & Initial Appearance: You will be arrested or summoned. An initial bond hearing is held at the magistrate’s office or General District Court.
- Preliminary Hearing: A hearing at Lexington General District Court (2 South Main Street) where the Commonwealth must show probable cause for the felony charge.
- Grand Jury & Indictment: If probable cause is found, the case is sent to a grand jury in Lexington Circuit Court for a felony indictment.
- Circuit Court Arraignment: You are formally arraigned on the felony indictment in Circuit Court and enter a plea.
- Pre-Trial Motions & Discovery: Your attorney files motions to suppress evidence or dismiss charges and conducts thorough discovery.
- Trial or Negotiation: The case proceeds to a jury trial in Circuit Court or may be resolved through negotiated plea agreements to lesser charges.
Penalties for Taking Indecent Liberties with a Child by Custodian
In Lexington, a conviction for Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.01 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 | 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 | Mandatory lifetime registration as a sex offender under Va. Code § 9.1-901; potential loss of employment, housing, and parental rights; GPS monitoring may be ordered. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with 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 4,739+ case results with a 93%+ favorable outcome rate firm-wide. In Lexington, we have 14 total documented case results across all practice areas. Our approach is grounded in a deep understanding of Virginia’s sex crime statutes and the local court procedures in Lexington.
Case Results
Our team has successfully defended clients against serious sex crime allegations. In one case in Fairfax County General District Court, we secured a Nolle Prosequi (dismissal) for a client charged with Attempt to Commit Indecent Liberties with a Child Under 15. In Bedford County Circuit Court, we negotiated a favorable resolution in a complex case involving three felony charges of computer solicitation of a minor, amending the charges and securing a specific sentence.
Results may vary. Prior results do not guarantee a similar outcome.
Lexington Sex Crime Defense Lawyer Near You
Our Richmond location serves clients facing charges at the Lexington courts. We are accessible via I-81 and I-64. We are a trusted Taking Indecent Liberties with a Child by Custodian lawyer Lexington for residents throughout the area, including neighborhoods in and around Lexington.
24/7 phone consultations — meetings by appointment only.
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.
FAQs: Taking Indecent Liberties with a Child by Custodian in Lexington
What is the penalty for a sex crime in Lexington, Virginia?
It depends on the specific crime. 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. Cases are heard at Lexington General District Court and Circuit Court.
Do I have to register as a sex offender in Lexington, Virginia?
Yes. A felony conviction for Taking Indecent Liberties with a Child by Custodian requires lifetime registration under Va. Code § 9.1-901. This mandates reporting your address, employment, and vehicles to law enforcement. Avoiding a registry-triggering conviction is a primary defense goal.
How long does a sex crime case take in Lexington, Virginia?
Typically 3 to 12 months from arrest to trial. The preliminary hearing at General District Court occurs within 21-60 days. The Circuit Court trial may take 3-12 months. Processing forensic evidence like digital records can extend the timeline further.
What makes the “by custodian” charge different from general indecent liberties?
The key difference is the relationship. Va. Code § 18.2-370.01 applies specifically when the accused is a custodian or has supervisory authority over the child. This abuse of a position of trust leads to more severe scrutiny by prosecutors and the court, emphasizing the need for a specialized custodian indecent liberties lawyer Lexington.
Can these charges be reduced or dismissed?
Yes, charges can be reduced or dismissed through pre-trial motions challenging evidence, negotiating with the Commonwealth’s Attorney, or proving a lack of intent. An experienced defense attorney will work to have charges reduced to a non-registry offense or dismissed entirely.
Related Legal Information
If you are facing a charge of Taking Indecent Liberties with a Child by Custodian, you need focused legal help. For more information on our statewide practice, see our Virginia Sex Crime Defense Lawyer hub page. We also assist clients in nearby jurisdictions like Henrico County and Chesterfield County. For other legal needs in Lexington, we provide Criminal Defense and DUI Defense.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.