Taking Indecent Liberties with a Child by Custodian Lawyer New Kent County — 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 New Kent County, these cases are prosecuted aggressively in Circuit Court. Law Offices Of SRIS, P.C. provides a strong defense for those accused, focusing on protecting your rights and future.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly.
Virginia Law on Taking Indecent Liberties with a Child by Custodian
The specific charge of Taking Indecent Liberties with a Child by Custodian is defined under Virginia Code § 18.2-370.1. This statute makes it a crime for a custodian or person with supervisory authority over a child under 18 to propose that the child engage in sexual acts or to expose their genitals with lascivious intent. A “custodian” includes parents, guardians, teachers, coaches, or any person responsible for the child’s care. The law is designed to protect children from abuse by those in positions of trust. A conviction is a Class 6 felony, punishable by 1 to 5 years in prison, or up to 12 months in jail and a fine of up to $2,500. Most critically, a felony conviction under this statute triggers mandatory lifetime registration as a sex offender under Virginia’s Sex Offender and Crimes Against Minors Registry Act (§ 9.1-901).
Official Legal Resources
For the official text of the statute, refer to Va. Code § 18.2-370.1 (official Virginia General Assembly). Court procedures for New Kent County cases are handled at the New Kent County General District and Circuit Courts.
Defense Strategy for a Custodian Indecent Liberties Charge in New Kent 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 and intent. In New Kent County Circuit Court, these cases often hinge on witness credibility, the context of communications or actions, and forensic evidence. A common defense involves showing a lack of lascivious intent, as the statute requires proof that the accused acted with the intent to sexually arouse or gratify. Misinterpreted actions or statements, especially in digital communications, can be a focal point. The involvement of Child Protective Services (CPS) adds another layer, as family court proceedings may run parallel to the criminal case.
- Immediate Case Review: After arrest or accusation, secure all evidence, including phones, computers, and any correspondence. Do not speak to investigators without an attorney present.
- Preliminary Hearing: The case starts in New Kent County General District Court for a preliminary hearing to determine probable cause. This is a key opportunity to challenge the prosecution’s evidence.
- Circuit Court Proceedings: If bound over, the felony trial occurs in New Kent County Circuit Court. This stage involves pre-trial motions, discovery, and potential plea negotiations.
- Trial or Resolution: The case may proceed to a jury trial or be resolved through a negotiated plea agreement, often aimed at reducing the charge to avoid mandatory sex offender registration.
- Sentencing & Registry: If convicted, sentencing follows Virginia guidelines. A felony conviction mandates lifetime sex offender registration, making charge reduction the primary defense goal.
- Post-Trial Actions: Options may include appeal or petition for removal from the registry after 15 years (under strict conditions).
Potential Penalties for Taking Indecent Liberties with a Child by Custodian
In New Kent County, a conviction for Taking Indecent Liberties with a Child by Custodian as a Class 6 felony carries a prison sentence of 1-5 years, 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 (Va. Code § 18.2-370.1) | Class 6 Felony | 1-5 years in prison (or up to 12 months in jail) | Up to $2,500 | None directly, but may affect professional licenses | Lifetime sex offender registration, GPS monitoring possible, loss of custody/visitation, employment restrictions, permanent criminal record. |
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. Our firm brings over 120 years of combined legal experience to every case. We understand the severe, life-altering consequences of a conviction for Taking Indecent Liberties with a Child by Custodian. Our approach is direct and focused on protecting your future. For Virginia family law matters, Mr. Sris personally amended Va. Code § 20-107.3, demonstrating a deep understanding of state law that benefits all our clients.
Case Results in Sex Crime Defense
Our firm has a documented record of achieving favorable outcomes in sensitive 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 of three felony computer solicitation charges down to two counts with a total sentence of 5 years. These results demonstrate our strategic approach to reducing charges and minimizing penalties.
Results may vary. Prior results do not guarantee a similar outcome.
New Kent County Sex Crime Defense Lawyer Near You
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle). We are accessible via I-64, Route 33, and Route 249. If you are searching for a “child sex offense defense lawyer New Kent County” or legal help near Colonial Downs, we are here to assist. We serve the communities of New Kent, Providence Forge, and Quinton.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions: Taking Indecent Liberties with a Child by Custodian
What is the penalty for a sex crime in New Kent County, Virginia?
It depends on the specific crime. For Taking Indecent Liberties with a Child by Custodian, a Class 6 felony, the penalty is 1-5 years in prison and mandatory lifetime sex offender registration. Other crimes like rape carry 5 years to life.
Do I have to register as a sex offender in New Kent County, 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. A primary defense goal is often to avoid a conviction that triggers this requirement.
How long does a sex crime case take in New Kent County, Virginia?
Typically 3-12 months from arrest to trial. The preliminary hearing at General District Court occurs within 21-60 days. The Circuit Court trial can take 3-12 months, with delays possible for forensic evidence analysis.
What does “custodian” mean under Va. Code § 18.2-370.1?
A custodian is any person responsible for the care of a child under 18. This includes parents, guardians, teachers, coaches, babysitters, or anyone with supervisory authority. The law imposes a higher duty on those in positions of trust.
Can a charge of Taking Indecent Liberties with a Child by Custodian be reduced?
Yes, in many cases. An experienced attorney can negotiate with prosecutors to amend the charge to a lesser offense, such as a misdemeanor, which may not carry the mandatory lifetime sex offender registration requirement. The outcome depends on the specific facts of the case.
If you are facing a charge of Taking Indecent Liberties with a Child by Custodian, contact a lawyer immediately. For other legal needs in New Kent County, consider our criminal defense or DUI defense services. For more information on sex crime defense across Virginia, visit our state hub page. We also assist clients in neighboring areas like Henrico County and Chesterfield County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. for current guidance.