Taking Indecent Liberties with a Child by Custodian Lawyer Orange County — What Are Your Defense Options?
Taking Indecent Liberties with a Child by Custodian is a Class 6 felony under Va. Code § 18.2-370.01, carrying 1-5 years in prison and mandatory lifetime sex offender registration. In Orange County, these cases are prosecuted aggressively in the Circuit Court. Law Offices Of SRIS, P.C. provides a strong defense for those accused of this serious child sex offense.
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 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 a parent, guardian, legal custodian, or other person responsible for the general supervision of a child’s welfare. This is distinct from the general indecent liberties statute (§ 18.2-370) and carries severe penalties due to the breach of trust involved.
Last verified: April 2026 | Orange County Circuit Court | Virginia General Assembly
Official Legal Resources
Local Court Process & Defense Strategy in Orange County
Felony charges for Taking Indecent Liberties with a Child by Custodian begin with an arrest or indictment. A preliminary hearing is held at the Orange County General District Court to determine probable cause. If bound over, the case proceeds to the Orange County Circuit Court for trial. The Commonwealth’s Attorney for Orange County prosecutes these cases vigorously, often relying on forensic interviews and digital evidence. A primary defense strategy involves challenging the intent element and the validity of the custodial relationship as defined by law.
- Arrest & Initial Appearance: You will be arrested and taken before a magistrate. An initial bond hearing is set at the Orange County General District Court.
- Preliminary Hearing: A hearing is held at the General District Court (110 N. Madison Road) within 21-60 days to establish probable cause for the felony charge.
- Circuit Court Arraignment: If bound over, you will be formally arraigned in Orange County Circuit Court, where you enter a plea.
- Pre-Trial Motions & Discovery: Your attorney files motions to suppress evidence or dismiss charges and reviews all discovery from the prosecution.
- Trial or Negotiation: The case proceeds to a jury trial in Circuit Court or may be resolved through plea negotiations aimed at reducing charges to avoid mandatory lifetime registry.
- Sentencing & Registry: If convicted, sentencing follows Virginia guidelines. A felony conviction under § 18.2-370.01 triggers mandatory lifetime registration under the Virginia Sex Offender Registry.
Penalties for Taking Indecent Liberties with a Child by Custodian in Virginia
In Orange County, a conviction for Taking Indecent Liberties with a Child by Custodian is a Class 6 felony punishable by 1 to 5 years in prison, or up to 12 months in jail and a fine up to $2,500 at the court’s discretion.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties with a Child by Custodian (Va. Code § 18.2-370.01) | Class 6 Felony | 1-5 years in prison (or up to 12 months in jail) | Up to $2,500 | None | Mandatory lifetime sex offender registration; possible GPS monitoring; loss of custodial rights; professional license revocation. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand the significant stakes of a custodian indecent liberties charge—not just potential prison time, but the lifelong consequences of sex offender registration. Our team approaches each case with the urgency and detailed preparation it demands.
Documented Case Experience
Our attorneys have successfully handled sensitive sex crime cases across Virginia. For example, in Fairfax County General District Court, our team secured a nolle prosequi (dismissal) for a client charged with Attempted Indecent Liberties with a Child Under 15. In Bedford County Circuit Court, we negotiated a favorable amendment and sentencing outcome in a complex computer solicitation case involving multiple felonies. While these results are from specific cases, they demonstrate our firm’s commitment to achieving the best possible outcome.
Results may vary. Prior results do not guarantee a similar outcome.
Secondary counsel on complex Virginia sex crime defenses is provided by Mr. Sris, the firm’s founder and a former prosecutor with a multi-state practice and a background in accounting and information systems that aids in financial and digital evidence cases.
Contact Our Orange County Sex Crime Defense Lawyers
Our Fairfax location serves clients facing charges at the Orange County courts. We are accessible via Route 15, Route 20, and Route 33. If you need a Taking Indecent Liberties with a Child by Custodian lawyer Orange County residents trust, contact us for a confidential consultation.
Serving: Orange, Gordonsville, and surrounding communities.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
FAQs: Taking Indecent Liberties with a Child by Custodian Charges
What is the penalty for a sex crime in Orange County, Virginia?
Penalties vary by crime. For Taking Indecent Liberties with a Child by Custodian (§ 18.2-370.01), 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 at Orange County General District Court and Circuit Court are serious.
Do I have to register as a sex offender in Orange County, Virginia?
Yes. A felony conviction for Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.01 requires lifetime registration under Va. Code § 9.1-901. This makes charge reduction a critical defense goal to avoid this permanent consequence.
How long does a sex crime case take in Orange County, Virginia?
It depends. A case for Taking Indecent Liberties with a Child by Custodian typically takes 3-12 months from arrest to trial. The preliminary hearing at the General District Court occurs within 21-60 days. Complex evidence like digital forensics can extend the timeline in Orange County Circuit Court.
What is the difference between § 18.2-370 and § 18.2-370.01?
Va. Code § 18.2-370 covers indecent liberties generally. Va. Code § 18.2-370.01 specifically applies when the accused is a “custodian” of the child, such as a parent, guardian, or supervisor. The custodian charge carries a heightened penalty due to the abuse of a position of trust.
Can these charges be reduced or dismissed?
It depends on the evidence. A skilled child sex offense defense lawyer Orange County can challenge the prosecution’s case on intent, the definition of “custodian,” or the validity of the evidence. Successful motions or negotiations can lead to reduced charges or, in some cases, dismissal to avoid the lifetime registry.
Related Legal Information
- Virginia Sex Crime Defense Lawyer
- Sex Crime Defense Lawyer in Fairfax County
- Criminal Defense Lawyer in Orange County
Page last verified and updated: April 2026. Laws and procedures change. For current guidance, contact Law Offices Of SRIS, P.C. at (888) 437-7747.