Virginia Lawyer for Taking Indecent Liberties with a Child by Custodian Charges
Taking Indecent Liberties with a Child by Custodian is a Class 6 felony under Virginia law, carrying 1 to 5 years in prison and mandatory lifetime sex offender registration. A conviction can permanently alter your life, family, and career.
Virginia Law on Taking Indecent Liberties with a Child by Custodian
The specific statute for Taking Indecent Liberties with a Child by Custodian is Virginia Code § 18.2-370.1. This law makes it a crime for a parent, guardian, or other person responsible for the care of a child under 18 to take indecent liberties with that child. The statute is distinct from the general indecent liberties law (§ 18.2-370) and carries specific implications for those in a position of trust.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
The law defines “indecent liberties” broadly, which can include acts intended to sexually arouse either party, such as improper touching, exposure, or suggestive communication. The prosecution must prove you were in a custodial relationship with the child and that your actions were with lascivious intent. Defenses often challenge the intent, the credibility of allegations, or the interpretation of the relationship.
External Legal Resources
- Read the official statute: Va. Code § 18.2-370.1 (Taking Indecent Liberties with a Child by Custodian)
- Virginia Court System: www.vacourts.gov
Defending Against Custodian-Based Indecent Liberties Charges
These cases are highly sensitive and complex, often involving family dynamics and child welfare investigations. The prosecution aggressively pursues charges where a breach of trust is alleged. An experienced child sex offense defense lawyer Virginia understands that the state must prove both the custodial relationship and the lascivious intent beyond a reasonable doubt.
- Immediate Case Assessment: Do not speak to investigators without an attorney. We secure and review all initial reports and allegations to understand the state’s theory.
- Investigate the Relationship & Context: We meticulously examine the nature of the custodial relationship, family history, and the context of the alleged acts to challenge the element of intent.
- Challenge Evidence & Motive: We analyze forensic interviews, medical reports (if any), and digital evidence for inconsistencies, suggestibility, or alternative explanations, such as false allegations arising from custody disputes.
- Strategic Negotiation or Trial: Based on the evidence, we pursue the best path, which may involve negotiating a reduction to a non-sex offense or preparing a vigorous defense for trial to protect your future.
Potential Penalties for a Conviction
In Virginia, a conviction for Taking Indecent Liberties with a Child by Custodian is a Class 6 felony with severe, long-term consequences beyond incarceration.
| 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 (Presumptive sentencing guidelines apply) | Up to $2,500 | N/A | Mandatory lifetime registration on the Virginia Sex Offender and Crimes Against Minors Registry; potential loss of child custody/visitation; professional license revocation; housing restrictions. |
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 significant stakes of a Taking Indecent Liberties with a Child by Custodian charge—it threatens your freedom, your family, and your reputation. Our approach is direct and focused on the details of your specific situation. We have a documented record of achieving favorable outcomes in sensitive cases.
Our team, led by Matthew Greene and supported by firm founder Mr. Sris, is prepared to defend you. Mr. Sris, a former prosecutor with a background in accounting and information systems, provides strategic oversight on complex cases. We have a firm-wide record of 4,739+ documented case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Documented Case Results
- Fairfax County GDC: Charge of “Attempt – Att Indecent Lib W/Child <15" resulted in a Nolle Prosequi (dismissal).
- Bedford County Circuit Court: Client faced three felony counts of computer solicitation of a minor. We secured a reinstated bond and successfully negotiated an amended disposition.
Results may vary. Prior results do not guarantee a similar outcome.
Contact a Virginia Custodian Indecent Liberties Lawyer
If you are under investigation or have been charged, immediate action is crucial. Our Fairfax location serves clients across Northern Virginia, including Fairfax County, Prince William County, and surrounding areas.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
Phones answered 24/7/365. In-person meetings by appointment only.
We serve communities throughout Northern Virginia, including Fairfax, Arlington, Reston, Herndon, McLean, Centreville, Chantilly, Burke, Springfield, Annandale, Falls Church, Manassas, and Woodbridge.
Frequently Asked Questions (FAQs)
What is the penalty for a sex crime in Fairfax County, Virginia?
It depends on the specific crime. For example, 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. Most felony convictions require lifetime registration.
What is the penalty for a sex crime in Prince William County, Virginia?
Penalties vary by charge. Indecent liberties with a child is a Class 6 felony (1-5 years). Aggravated sexual battery carries 1-20 years. Child pornography possession is 1-5 years per image. Lifetime sex offender registration is mandatory for most felony convictions.
What is the penalty for a sex crime in Falls Church, Virginia?
Similar to statewide penalties. Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.1 is a Class 6 felony punishable by 1 to 5 years in prison and mandatory lifetime sex offender registration, which imposes significant housing, employment, and reporting restrictions.
What does “custodian” mean under Virginia’s indecent liberties law?
“Custodian” is broadly defined in Va. Code § 18.2-370.1. It includes a parent, guardian, or any other person responsible for the care of a child under 18, whether temporarily or permanently. This can encompass stepparents, live-in partners, babysitters, or other family members in a caregiving role.
Can these charges arise from a custody dispute?
Yes. Allegations of Taking Indecent Liberties with a Child by Custodian can sometimes surface during contentious divorce or custody battles. A skilled child sex offense defense lawyer Virginia will investigate the timing, source, and context of the allegations to identify potential ulterior motives or false accusations.
Internal Resources
- Virginia Sex Crimes Defense Lawyer Hub
- Fairfax County Sex Crime Lawyer
- Fairfax City Sex Crime Lawyer
- Fairfax County Reckless Driving Lawyer
- Fairfax County Criminal Defense Lawyer
Page last verified and updated: April 2026. Laws and procedures change. For the most current advice regarding a charge of Taking Indecent Liberties with a Child by Custodian in Virginia, contact Law Offices Of SRIS, P.C. directly at (888) 437-7747.