Taking Indecent Liberties with a Child by Custodian Defense in Clarke County, VA
A charge of Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.1 is a serious Class 6 felony in Clarke County, carrying 1-5 years in prison and mandatory lifetime sex offender registration. Law Offices Of SRIS, P.C.
Virginia Law on Taking Indecent Liberties with a Child by Custodian
The statute Va. Code § 18.2-370.1 specifically criminalizes acts by a custodian or person with supervisory authority who takes indecent liberties with a child under their care. This is distinct from the general indecent liberties statute (§ 18.2-370) and carries severe penalties due to the breach of trust involved. A conviction is a Class 6 felony, punishable by one to five years in prison, though the court has discretion to impose up to 12 months in jail and a fine. Critically, a felony conviction under this statute triggers mandatory lifetime registration as a sex offender under Virginia law.
Last verified: March 2026 | Clarke County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the law, refer to Va. Code § 18.2-370.1 (official Virginia General Assembly). Court procedures and filings for Clarke County cases are handled through the Clarke County General District Court website.
Defense Strategy for Clarke County Cases
In Clarke County, these cases are prosecuted aggressively by the Commonwealth’s Attorney. A key local procedural fact is that all felony sex crime trials, including those for Taking Indecent Liberties with a Child by Custodian, are held in Clarke County Circuit Court, with preliminary hearings first occurring in the General District Court. The defense must often challenge the element of “custodial or supervisory relationship” or question the intent behind the alleged acts. Given the lifetime consequences of the sex offender registry, a primary defense goal is often to negotiate a reduction to a non-registry offense or secure an outcome that avoids a felony conviction altogether.
- Arrest & Initial Appearance: You will be brought before a magistrate. Bond may be denied or set high due to the nature of the charge.
- Preliminary Hearing: A hearing in Clarke County General District Court where the Commonwealth must show probable cause for the felony charge.
- Grand Jury & Circuit Court Indictment: If probable cause is found, the case proceeds to a grand jury. An indictment moves the case to Clarke County Circuit Court for trial.
- Pre-Trial Motions & Discovery: Your attorney will file motions to suppress evidence and compel discovery, including all forensic reports and interview recordings.
- Trial or Plea Negotiation: The case proceeds to a jury trial or, often, involves intense negotiation to reduce the charge and avoid registry requirements.
- Sentencing & Registry: If convicted, sentencing follows. A felony conviction mandates immediate registration with the Virginia Sex Offender Registry.
Potential Penalties for a Conviction
In Clarke County, a conviction for Taking Indecent Liberties with a Child by Custodian carries a prison sentence of 1-5 years and mandates lifetime sex offender registration.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties with a Child by Custodian (Va. Code § 18.2-370.1) | Class 6 Felony | 1-5 years in prison (or up to 12 months in jail) | Up to $2,500 | None directly, but registry affects employment | Lifetime sex offender registration under Va. Code § 9.1-901; GPS monitoring possible; loss of professional licenses; severe restrictions on where you can live and work. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our founding attorney, Mr. Sris, is a former prosecutor with a background in accounting and information systems, providing a unique advantage in cases involving complex evidence. We have a documented record of 4,739+ case results firm-wide with a 93%+ favorable outcome rate. For charges like Taking Indecent Liberties with a Child by Custodian, having a custodian indecent liberties lawyer Clarke County who understands both the legal statutes and the high-stakes courtroom tactics is essential.
Documented Case Experience
Our firm has a documented record of handling sensitive sex crime cases. In Clarke County, we have 29 total documented case results across all practice areas with a 72% favorable outcome rate. While every case is unique, our experience includes achieving dismissals and favorable negotiations in challenging circumstances. For instance, our team has secured dismissals (nolle prosequi) in child pornography distribution cases and negotiated suspended sentences with probation in other complex matters.
Results may vary. Prior results do not aim for a similar outcome.
Clarke County Sex Crime Defense Lawyer Near You
Our Richmond location serves clients facing charges at the Clarke County courts. We are accessible to residents of Berryville and Boyce.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804) 609-0063
By appointment only.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the penalty for a sex crime in Clarke County, Virginia?
It depends on the specific charge. For Taking Indecent Liberties with a Child by Custodian, the penalty is 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 Clarke County, Virginia?
Yes. Most felony sex crime convictions in Virginia, including under Va. Code § 18.2-370.1, require lifetime registration. This mandates reporting your address, employment, and vehicle to law enforcement. A core defense goal is often to avoid a conviction that triggers this requirement.
How long does a sex crime case take in Clarke County, Virginia?
Typically 3-12 months from arrest to trial. The preliminary hearing at the General District Court occurs within 21-60 days. The Circuit Court trial can take 3-12 months to schedule, and processing forensic evidence like DNA or digital files can extend the timeline further.
What makes Taking Indecent Liberties with a Child by Custodian different?
This charge under § 18.2-370.1 specifically requires the accused to be in a custodial or supervisory role over the child, such as a parent, teacher, or coach. This breach of trust is an aggravating factor that prosecutors emphasize, making a strong defense from a child sex offense defense lawyer Clarke County critical to challenge the relationship element and intent.
Can these charges be reduced or dismissed?
Yes, it is possible. Outcomes depend on the evidence. Defense strategies may involve challenging the validity of the custodial relationship, the credibility of interviews, or negotiating a plea to a lesser, non-registry offense. An experienced attorney will explore all avenues for dismissal or reduction.
The same rules apply outside Clarke County, and our page on taking indecent liberties with a child by custodian charges across Virginia walks through each stage.