Augusta County Taking Indecent Liberties with a Child by Custodian Lawyer — What Are Your Defense Options?
Taking Indecent Liberties with a Child by Custodian is a serious Class 6 felony under Va. Code § 18.2-370.1, carrying 1-5 years in prison and mandatory lifetime sex offender registration. In Augusta County, these cases are prosecuted aggressively in Circuit Court. The Law Offices Of SRIS, P.C.
Last verified: April 2026 | Augusta County General District Court | Virginia General Assembly
Virginia Law on Taking Indecent Liberties with a Child by Custodian
Virginia law treats offenses against children with extreme severity. The specific statute for Taking Indecent Liberties with a Child by Custodian is Va. Code § 18.2-370.1. This law makes it a felony for a custodian or person with supervisory authority over a minor under 18 to propose or take any indecent liberty with that child. An “indecent liberty” is broadly defined and can include lewd or lascivious acts, exposure, or proposals of a sexual nature. The key element is the abuse of a position of trust or authority. A conviction results in a mandatory minimum of one year in prison, a maximum of five years, and a lifetime requirement to register as a sex offender under Va. Code § 9.1-901. The firm’s founder, a former prosecutor, understands how the Commonwealth builds these cases.
Official Legal Resources
For the full text of the law, see Va. Code § 18.2-370.1 (official Virginia General Assembly). Augusta County felony cases are heard in the Augusta County Circuit Court.
Augusta County Court Process for Custodian Indecent Liberties Charges
Felony charges for Taking Indecent Liberties with a Child by Custodian begin with an arrest and a bond hearing in Augusta County General District Court. Given the nature of the charge, securing bond can be difficult; if granted, it often comes with high amounts and strict conditions like no contact orders and GPS monitoring. A preliminary hearing is held in General District Court to determine if there is probable cause to send the case to Circuit Court for trial. The Commonwealth’s Attorney for Augusta County will aggressively pursue these cases, often relying on forensic interviews and digital evidence.
- Arrest & Initial Appearance: You will be arrested and taken before a magistrate for a bond hearing. Contact a custodian indecent liberties lawyer Augusta County immediately.
- Preliminary Hearing: Your attorney will challenge the prosecution’s evidence at a hearing in Augusta County General District Court to try to get charges reduced or dismissed.
- Grand Jury Indictment: If probable cause is found, the case is sent to a grand jury for a formal indictment to proceed to Circuit Court.
- Pre-Trial Motions & Negotiations: Your lawyer will file motions to suppress evidence and negotiate with the prosecutor, aiming to avoid a trial and the lifetime sex offender registry.
- Circuit Court Trial: If no plea agreement is reached, the case proceeds to a jury trial in Augusta County Circuit Court, where the burden is on the Commonwealth to prove guilt beyond a reasonable doubt.
- Sentencing & Registry: A conviction leads to prison time and mandatory, lifetime registration as a sex offender.
Penalties for Taking Indecent Liberties with a Child by Custodian in Augusta County
In Augusta County, a conviction for Taking Indecent Liberties with a Child by Custodian carries a prison sentence of 1 to 5 years and mandates lifetime registration as a sex offender.
| 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 | Up to $2,500 | N/A | Lifetime sex offender registration, GPS monitoring possible, loss of custody/visitation rights, professional license revocation, permanent criminal record. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Sex Crime Defense
Founded in 1997 by a former prosecutor, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our attorneys understand the high stakes of a Taking Indecent Liberties with a Child by Custodian charge—not just the potential prison time, but the lifelong consequences of the sex offender registry. We approach each case with a detailed strategy, examining forensic evidence, witness credibility, and procedural errors to build the strongest possible defense for our clients in Augusta County.
Case Results
The Law Offices Of SRIS, P.C. has a documented record of favorable outcomes in sensitive cases. In Augusta County, we have 13 total documented case results across all practice areas with a 100% favorable outcome rate. While every case is unique, our firm-wide experience includes securing dismissals and favorable plea agreements in child pornography and other sex offense cases in jurisdictions across Virginia and Maryland. For instance, we have achieved a nolle prosequi (dismissal) in a child pornography promotion case in Baltimore County and a probationary sentence in another possession case.
Results may vary. Prior results do not aim for a similar outcome.
Secondary attorney Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases. His background in accounting and information systems is a particular asset in cases involving digital evidence.
Contact Our Augusta County Sex Crime Defense Lawyers
Our Shenandoah/Woodstock location serves clients in Augusta County. We are a short drive from the Augusta County courts in Staunton, accessible via I-81 and I-64. If you need a child sex offense defense lawyer Augusta County near Staunton, Waynesboro, or Fishersville, we are here to help.
Law Offices Of SRIS, P.C.
505 N Main St, Suite 103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve the communities of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
FAQs: Taking Indecent Liberties with a Child by Custodian in Augusta County
What is the penalty for Taking Indecent Liberties with a Child by Custodian in Virginia?
It is a Class 6 felony. The penalty is 1 to 5 years in prison and a lifetime requirement to register as a sex offender. Fines can be up to $2,500.
Do I have to register as a sex offender if convicted?
Yes. A conviction for Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.1 mandates lifetime registration under Va. Code § 9.1-901. Avoiding a conviction is the only way to prevent this requirement.
What does “custodian” mean under this law?
It depends. The law defines a custodian as a parent, guardian, legal custodian, or other person responsible for the general supervision of a child’s welfare. It also includes persons in a position of authority, such as a teacher, coach, or youth leader, who exercises control over the child.
How long does a case like this take?
Typically 3 to 12 months from arrest to trial. The process includes a preliminary hearing in General District Court within 21-60 days, possible grand jury indictment, and then a trial in Circuit Court. Complex evidence can extend the timeline.
What are common defenses to this charge?
Defenses may include challenging the intent of the actions, disputing the custodial relationship, proving the allegations are false, or filing motions to suppress illegally obtained evidence or statements. An experienced child sex offense defense lawyer Augusta County can evaluate the best strategy.
Internal Links: For more information, see our Virginia Sex Crime Defense hub page. We also assist clients in nearby areas like Shenandoah County and with related charges such as Augusta County criminal defense.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding Taking Indecent Liberties with a Child by Custodian charges.
If you want to see how a Augusta County case fits into the wider process, our page on taking indecent liberties with a child by custodian lawyer Virginia covers it from start to finish.