Taking Indecent Liberties with a Child by Custodian Defense in Albemarle County, Virginia
Taking Indecent Liberties with a Child by Custodian is a serious Class 6 felony under Va. Code § 18.2-370.01, carrying 1-5 years in prison and mandatory lifetime sex offender registration. In Albemarle County, these cases are prosecuted aggressively by the Commonwealth’s Attorney. Law Offices Of SRIS, P.C. has 30 documented case results in Albemarle County.
Virginia Law on Taking Indecent Liberties with a Child by Custodian
Virginia law treats offenses involving children and those in positions of trust with extreme severity. The specific statute for Taking Indecent Liberties with a Child by Custodian is Va. Code § 18.2-370.01. This law makes it a crime for a custodian or person with supervisory authority over a child under 18 to engage in certain acts with lascivious intent. A “custodian” is broadly defined and can include parents, guardians, teachers, coaches, or any person responsible for the child’s care.
Last verified: March 2026 | Albemarle County General District Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm has over 120 years of combined legal experience. We understand the high stakes of these charges, which include not only prison time but also the lifelong consequences of being listed on the Virginia Sex Offender and Crimes Against Minors Registry.
Official Legal Resources
- Va. Code § 18.2-370.01 (official Virginia General Assembly)
- Albemarle County General District Court Website
Local Court Process for Albemarle County Sex Crime Cases
All felony Taking Indecent Liberties with a Child by Custodian charges in Albemarle County begin with an arrest and a bond hearing at the Albemarle County General District Court. The case then proceeds to a preliminary hearing in the same court to determine if there is probable cause to send it to Circuit Court for trial. The Commonwealth’s Attorney for Albemarle County prosecutes these cases aggressively, often relying on forensic interviews and digital evidence. A key defense strategy focuses on challenging the element of “lascivious intent” and the credibility of the evidence to avoid a conviction that triggers mandatory lifetime registry requirements.
- Arrest & Initial Appearance: You will be arrested and taken before a magistrate. A bond hearing is set at the Albemarle County General District Court.
- Preliminary Hearing: Within 21-60 days, a hearing is held to determine if there is probable cause to certify the felony charge to Circuit Court.
- Grand Jury Indictment: The case is presented to a grand jury, which issues a formal indictment, moving the case to Albemarle County Circuit Court.
- Pre-Trial Motions & Discovery: Your attorney files motions to suppress evidence and challenges the prosecution’s case while reviewing all discovery.
- Trial or Plea Negotiation: The case proceeds to a jury trial or, through skilled negotiation, may be resolved with a favorable plea agreement to a lesser charge.
- Sentencing & Registry: If convicted, the court imposes sentence. Most felony sex crime convictions require lifetime registration under Va. Code § 9.1-901.
Potential Penalties for Taking Indecent Liberties with a Child by Custodian
In Albemarle County, a conviction for Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.01 carries a prison sentence of 1 to 5 years and a fine of up to $2,500, with mandatory lifetime sex offender registration.
| 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 | 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 aim for a similar outcome.
Our Experience with Sex Crime Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings a combined 120+ years of legal experience to every case. We have a documented record of 4,739+ case results firm-wide with a 93%+ favorable outcome rate. In Albemarle County, we have 30 total documented case results across all practice areas. Our founding attorney, Mr. Sris, is a former prosecutor who understands both sides of the courtroom. For cases involving Taking Indecent Liberties with a Child by Custodian, we also work with attorney Matthew Greene, who brings over 30 years of experience, including a former 14-year contract with Child Protective Services in Alexandria, providing deep insight into cases involving allegations against custodians.
Documented Case Results
Our firm has achieved favorable outcomes in sensitive sex crime cases. While every case is unique, our approach is informed by past experience. For example, we have secured dismissals (nolle prosequi) in child pornography distribution cases in Maryland and favorable dispositions in other complex matters.
Results may vary. Prior results do not aim for a similar outcome.
Albemarle County Sex Crime Defense Lawyer Near You
Our Richmond location serves clients facing charges at the Albemarle County courts in Charlottesville. We represent individuals throughout the Charlottesville area, Crozet, Earlysville, Ivy, and North Garden.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804) 609-0069
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Taking Indecent Liberties with a Child by Custodian
What is the penalty for a sex crime in Albemarle County, Virginia?
Penalties vary by specific crime. 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 crimes like rape carry 5 years to life.
Do I have to register as a sex offender in Albemarle 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 Albemarle County, Virginia?
It typically takes 3-12 months from arrest to trial. A preliminary hearing occurs in General District Court within 21-60 days. The case then moves to Circuit Court. Complex evidence like digital forensics can extend the timeline.
What does “custodian” mean under Virginia’s indecent liberties law?
Under Va. Code § 18.2-370.01, a custodian is broadly defined. It includes a parent, guardian, or any person responsible for supervising a child’s welfare. This can apply to teachers, coaches, babysitters, or family members in a caregiving role.
Can a charge of Taking Indecent Liberties with a Child by Custodian be reduced?
It depends on the evidence and case specifics. An experienced child sex offense defense lawyer Albemarle County can negotiate with prosecutors. A common strategy is to seek a reduction to a non-registry offense or a misdemeanor, which carries lesser penalties.
What should I do if I am accused of this crime?
Do not speak to law enforcement or investigators without an attorney. Immediately contact a lawyer specializing in these charges. Preserve any potential evidence and document your account of events. An attorney can protect your rights from the very beginning.
Related Practice Areas: Criminal Defense Lawyer Albemarle County | DUI Lawyer Albemarle County
Nearby Locations: Sex Crime Defense Lawyer Henrico County | Sex Crime Defense Lawyer Chesterfield County
Virginia Resources: Virginia Sex Crime Defense Lawyer
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
The same rules apply outside Albemarle County, and our page on taking indecent liberties with a child by custodian charges across Virginia walks through each stage.