Taking Indecent Liberties with a Child by Custodian Defense in Botetourt County
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 Botetourt County, these cases are prosecuted aggressively in Circuit Court. Law Offices Of SRIS, P.C.
Virginia Law on Taking Indecent Liberties with a Child by Custodian
Virginia law treats offenses against children with extreme seriousness, particularly when the accused is in a position of trust. The specific statute for Taking Indecent Liberties with a Child by Custodian is Va. Code § 18.2-370.01. This law makes it a felony for a custodian or person with supervisory authority over a child under 18 to propose or take any indecent liberty with that child with the intent to sexually arouse or gratify. A “custodian” includes parents, guardians, teachers, coaches, or any person responsible for the child’s care.
Last verified: April 2026 | Botetourt County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the statute, refer to the Virginia Code § 18.2-370.01. Court procedures and filings for Botetourt County cases are handled through the Botetourt County General District Court website.
Local Defense Strategy for Botetourt County
In Botetourt County, felony sex crime trials are held in Circuit Court, with preliminary hearings at the General District Court on 20 E. Back Street in Fincastle. The Commonwealth’s Attorney pursues these charges vigorously. A custodian indecent liberties lawyer Botetourt County must immediately challenge the prosecution’s evidence, which often relies on forensic interviews and digital communications. The primary goal is often to negotiate a reduction to a non-registry offense, as a conviction under § 18.2-370.01 triggers mandatory lifetime sex offender registration under Va. Code § 9.1-901.
- Secure Immediate Legal Representation: Do not speak to investigators without an attorney present. Contact a lawyer immediately after arrest or learning of an investigation.
- Case Assessment & Investigation: Your attorney will obtain all discovery, including police reports, interview recordings, and any digital evidence, to identify weaknesses in the prosecution’s case.
- Preliminary Hearing Strategy: At the Botetourt County General District Court hearing, your lawyer may challenge the sufficiency of evidence to bind the felony charge over to Circuit Court.
- Pre-Trial Motions & Negotiation: File motions to suppress evidence or challenge procedures. Engage in negotiations with the Commonwealth’s Attorney to seek a reduction to a lesser charge that avoids sex offender registration.
- Trial Preparation: If no acceptable plea is offered, prepare a strong defense for trial in Botetourt County Circuit Court, focusing on reasonable doubt regarding intent or the custodial relationship.
Potential Penalties for a Conviction
In Botetourt County, a conviction for Taking Indecent Liberties with a Child by Custodian carries a prison sentence of 1 to 5 years, a fine up to $2,500, and mandatory lifetime registration as a sex offender.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties with a Child by Custodian (Va. Code § 18.2-370.01) | Class 6 Felony | 1 – 5 years | Up to $2,500 | N/A | Mandatory lifetime sex offender registration; possible GPS monitoring; loss of custodial rights; professional license revocation. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Sex Crime Defense
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. Our firm brings over 120 years of combined legal experience to every case. We understand the high stakes of a charge for Taking Indecent Liberties with a Child by Custodian and the severe, lifelong consequences of a conviction. Our approach is direct and strategic, focusing on the specific facts of your case to protect your future.
Case Results & Client Advocacy
Our firm has a documented record of achieving favorable outcomes in sensitive cases. In Botetourt County, we have 33 total documented case results across all practice areas with a 100% favorable outcome rate. For instance, we have secured dismissals (nolle prosequi) in child pornography distribution cases and negotiated suspended sentences with probation in possession cases. Each result depends on the unique facts and evidence.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Botetourt County Defense Team
Our Shenandoah/Woodstock location serves clients in Botetourt County. We are accessible via I-81 and Route 11. If you need a child sex offense defense lawyer Botetourt County, we offer 24/7 phone consultations.
Law Offices Of SRIS, P.C.
505 N Main St, Suite 103
Woodstock, VA 22664
Toll-Free: (888) 437-7747 | Local: (540) 999-3000
By appointment only.
We serve clients in Fincastle, Daleville, Troutville, Blue Ridge, and Eagle Rock.
Frequently Asked Questions
What is the penalty for Taking Indecent Liberties with a Child by Custodian in Virginia?
It is a Class 6 felony punishable by 1 to 5 years in prison, a fine up to $2,500, and mandatory lifetime registration as a sex offender under Va. Code § 9.1-901.
Do I have to register as a sex offender if convicted?
Yes. A conviction under Va. Code § 18.2-370.01 triggers a mandatory lifetime requirement to register as a sex offender in Virginia. This is a critical reason to fight the charge or seek a reduction.
What does “custodian” mean in this law?
It broadly includes any person responsible for the child’s care, whether temporarily or permanently. This can be a parent, step-parent, teacher, coach, babysitter, or family friend supervising the child.
How long does a case like this take?
A case for Taking Indecent Liberties with a Child by Custodian in Botetourt County typically takes 3 to 12 months from arrest to trial in Circuit Court. The timeline can be extended by forensic evidence analysis and pre-trial motions.
What is the first thing I should do if I am accused?
Immediately exercise your right to remain silent and contact an attorney. Do not discuss the case with anyone except your lawyer. Early intervention by a skilled custodian indecent liberties lawyer Botetourt County is crucial for shaping the defense.
Related Pages: For more information, see our Virginia Sex Crime Defense hub, or learn about general criminal defense in Botetourt County. We also assist clients in neighboring areas like Shenandoah County.
Page Last verified: 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.
Botetourt County is one part of a statewide practice, and our page on taking indecent liberties with a child by custodian lawyer Virginia covers the process from start to finish.