Taking Indecent Liberties with a Child by Custodian Lawyer in Spotsylvania County, VA
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 lifetime sex offender registration. In Spotsylvania County, these cases are prosecuted aggressively at the Spotsylvania County General District Court. Law Offices Of SRIS, P.C. has documented results defending these serious charges. A strong defense is critical to protect your future.
Last verified: April 2026 | Spotsylvania County General District Court | Virginia General Assembly
Virginia Law on Taking Indecent Liberties with a Child by Custodian
The specific offense of Taking Indecent Liberties with a Child by Custodian is defined under Va. Code § 18.2-370.01. This statute makes it a crime for a person in a custodial or supervisory role to propose or take any indecent liberty with a child under 18. 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.
This is a distinct charge from the general indecent liberties statute (§ 18.2-370) and carries severe penalties due to the breach of trust involved. 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. Mandatory lifetime registration as a sex offender under Va. Code § 9.1-901 is also required upon conviction.
Spotsylvania County Court Process for Sex Crime Charges
All felony Taking Indecent Liberties with a Child by Custodian charges in Spotsylvania County begin with an arrest and a bond hearing. Your first court date will be a preliminary hearing at the Spotsylvania County General District Court located at 9107 Judicial Center Lane. At this hearing, the Commonwealth must show probable cause that a crime was committed and that you are the person who committed it. If the judge finds probable cause, your case is certified to the Spotsylvania County Circuit Court for a grand jury indictment and trial.
- Arrest & Bond Hearing: You will be arrested and taken before a magistrate. A bond hearing is set, where a judge determines if you can be released before trial and under what conditions.
- Preliminary Hearing: Your case is heard in Spotsylvania County General District Court. The prosecution presents evidence to establish probable cause.
- Grand Jury Indictment: If certified, a grand jury in Circuit Court reviews the evidence in secret to issue a formal indictment (“true bill”).
- Circuit Court Arraignment: You are formally read the charges in Circuit Court and enter a plea of guilty or not guilty.
- Pre-Trial Motions & Discovery: Your attorney files motions to suppress evidence or dismiss charges and reviews all discovery from the prosecution.
- Trial or Plea Negotiation: Your case proceeds to a jury trial or, if in your best interest, a negotiated plea agreement is reached.
Penalties for Taking Indecent Liberties with a Child by Custodian in Virginia
In Spotsylvania County, a conviction for Taking Indecent Liberties with a Child by Custodian carries a prison sentence of 1-5 years and mandatory lifetime sex offender registration, which imposes severe restrictions on where you can live and work.
| 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 | N/A | Lifetime Sex Offender Registration; Loss of professional licenses; Difficulty finding housing/employment. |
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 over 4,739 case results with a 93%+ favorable outcome rate. We understand the high stakes of a Taking Indecent Liberties with a Child by Custodian lawyer Spotsylvania County case, where a conviction can alter your life forever. Our approach is to conduct an immediate, thorough investigation to identify weaknesses in the prosecution’s case, such as issues with witness credibility, lack of physical evidence, or violations of your constitutional rights during the investigation.
Case Results in Sex Crime Defense
Our firm has a documented record of achieving favorable results in sensitive cases. In Spotsylvania County, we have secured dismissals and not-guilty verdicts. For example, in a Fairfax County GDC case, we secured a nolle prosequi (dismissal) for a client charged with Attempted Indecent Liberties with a Child. In a Bedford County Circuit Court case involving three felony counts of computer solicitation of a minor, we successfully negotiated a reduced sentence for our client.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Spotsylvania County Sex Crime Defense Lawyers
Our Fairfax location serves clients in Spotsylvania County and is accessible via I-95. We are a trusted child sex offense defense lawyer Spotsylvania County near the Spotsylvania Towne Centre and Lake Anna areas, serving the communities of Spotsylvania, Chancellor, and Massaponax.
Available 24/7 for phone consultations. In-person meetings are by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
FAQs: Taking Indecent Liberties with a Child by Custodian Charges
What is the penalty for a sex crime in Spotsylvania County, Virginia?
Penalties vary by charge. For Taking Indecent Liberties with a Child by Custodian, it is a Class 6 felony with 1-5 years in prison and lifetime sex offender registration. Other charges like rape carry 5 years to life.
Do I have to register as a sex offender in Spotsylvania 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 core defense goal is often to avoid a conviction that triggers this requirement.
How long does a sex crime case take in Spotsylvania County, Virginia?
It depends on the case complexity. Typically, a case takes 3-12 months from arrest to trial. The preliminary hearing at General District Court occurs within 21-60 days. Complex cases with forensic evidence can take longer.
What is the difference between § 18.2-370 and § 18.2-370.01?
Va. Code § 18.2-370 is the general indecent liberties statute. Va. Code § 18.2-370.01 specifically applies when the accused is in a custodial or supervisory role over the child, which is considered an aggravating factor skilled to more severe penalties.
Can these charges be reduced or dismissed?
Yes. An experienced Taking Indecent Liberties with a Child by Custodian lawyer Spotsylvania County can challenge the evidence, question the investigation’s integrity, and negotiate with prosecutors. Outcomes depend on the specific facts, but dismissals and reductions are possible.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.