Taking Indecent Liberties with a Child by Custodian Defense in Manassas, Virginia
Taking Indecent Liberties with a Child by Custodian is a Class 6 felony under Va. Code § 18.2-370.1, punishable by 1 to 5 years in prison and mandatory lifetime sex offender registration. In Manassas, these cases are prosecuted aggressively in the Circuit Court. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Manassas General District 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 acts intended to sexually gratify either the custodian or the child, including proposing that the child expose private parts, proposing sexual intercourse, or fondling the child’s genitalia. This is a distinct charge from the general indecent liberties statute (§ 18.2-370), carrying significant weight due to the breach of trust involved.
The firm’s founder, Mr. Sris, a former prosecutor with a background in complex case strategy, ensures that each defense is meticulously prepared. The unique position of a custodian makes intent a critical element for the prosecution to prove, which a skilled attorney can challenge effectively.
Official Legal Resources
For the full text of the law, refer to the official Va. Code § 18.2-370.1 (Virginia General Assembly). Court procedures for Manassas cases can be found on the Manassas General District Court website.
Manassas Court Process for Custodian Indecent Liberties Charges
Felony charges for Taking Indecent Liberties with a Child by Custodian begin with an arrest and a bond hearing at the Manassas General District Court. Given the nature of the charge, securing bond can be difficult; judges often impose high secured amounts and strict conditions like no contact orders. The preliminary hearing is held in General District Court to determine if there is probable cause to send the case to the Manassas Circuit Court for trial.
- Arrest & Initial Appearance: You will be booked and brought before a magistrate. An attorney can argue for favorable bond conditions.
- Preliminary Hearing: Your lawyer will cross-examine the prosecution’s witnesses to test the strength of their probable cause evidence.
- Circuit Court Arraignment: If the case is certified, you will be formally charged in Circuit Court and enter a plea.
- Pre-Trial Motions & Discovery: Your attorney files motions to suppress evidence and compels the prosecution to share all their evidence.
- Trial or Plea Negotiation: The case proceeds to a jury trial or, if in your best interest, your lawyer negotiates a favorable plea agreement.
- Sentencing & Registry: If convicted, your attorney advocates for the minimum sentence and explores any avenues to mitigate registry requirements.
Potential Penalties for a Conviction
In Manassas, 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 under Virginia law.
| 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 – 5 years | Up to $2,500 | N/A | Mandatory 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. With over 120 years of combined attorney experience and a documented history of 4,739+ case results firm-wide, we bring substantial resources to every case. Our approach is direct and focused on the specific details of your situation. For charges involving Taking Indecent Liberties with a Child by Custodian, we understand the severe stakes and build defenses that scrutinize the evidence, the interview procedures, and the intent required for conviction.
Case Results in Sex Crime Defense
Our attorneys have achieved favorable outcomes in complex sex crime cases across Virginia. 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, resulting in a significantly reduced total sentence. Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Manassas Sex Crime Defense Lawyers
Our Fairfax location serves clients at the Manassas courts (9311 Lee Avenue). We are accessible via I-66, Route 28, and Route 234. If you need a child sex offense defense lawyer Manassas or a custodian indecent liberties lawyer Manassas, contact us for a consultation.
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.
We serve neighborhoods throughout Manassas and the surrounding region.
FAQs: Taking Indecent Liberties with a Child by Custodian in Manassas
What is the penalty for a sex crime in Manassas, Virginia?
Penalties vary by charge. For Taking Indecent Liberties with a Child by Custodian, a Class 6 felony, the penalty is 1 to 5 years in prison, a fine up to $2,500, and mandatory lifetime sex offender registration. Most felony sex crime convictions require lifetime registration.
Do I have to register as a sex offender in Manassas, 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. This involves reporting your address, employment, and vehicle to law enforcement. A primary defense goal is often to avoid a conviction that triggers this requirement.
How long does a sex crime case take in Manassas, Virginia?
It depends on the case complexity. A typical timeline from arrest to trial is 3 to 12 months. The preliminary hearing at General District Court occurs within 21-60 days. Cases involving forensic evidence like digital analysis can take longer. Your attorney can provide a more specific estimate after reviewing the details.
What is the difference between § 18.2-370 and § 18.2-370.1?
Va. Code § 18.2-370 applies to indecent liberties with a child under 15 by any person. § 18.2-370.1 applies specifically when the accused is a “custodian” of the child, meaning a parent, guardian, or someone responsible for the child’s care. The custodian charge involves a greater breach of trust.
Can these charges be reduced or dismissed?
Yes, it is possible. Outcomes depend on the evidence. A strong defense may lead to dismissal if evidence is weak or obtained improperly. In other cases, an attorney may negotiate a reduction to a non-registry offense. Every case is unique, and an experienced lawyer will explore all options.