Taking Indecent Liberties With A Child By Custodian Lawyer in Clarke 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 Clarke County, these cases are prosecuted aggressively in Circuit Court. Law Offices Of SRIS, P.C. provides immediate legal help for these charges. Our attorney team, led by Mr.
Virginia Law on Taking Indecent Liberties With A Child By Custodian
Virginia Code § 18.2-370.01 specifically defines the crime of Taking Indecent Liberties With A Child By Custodian. A “custodian” is broadly defined to include a parent, guardian, legal custodian, or any other person responsible for the child’s care, whether in a residential or custodial setting. The statute prohibits such a person from taking indecent liberties with a child under their supervision. This is distinct from the general indecent liberties statute (§ 18.2-370) and carries significant penalties due to the breach of trust involved.
Last verified: April 2026 | Clarke County Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, see Va. Code § 18.2-370.01 (official Virginia General Assembly). Clarke County felony cases are heard at the Clarke County Circuit Court.
Clarke County Court Process for Custodian Charges
Charges of Taking Indecent Liberties With A Child By Custodian begin with an arrest or summons. The case will have a preliminary hearing in the Clarke County General District Court to determine probable cause. Because it is a felony, the case is then certified to the Clarke County Circuit Court for trial. The Commonwealth’s Attorney for Clarke County handles prosecution. Given the sensitive nature and mandatory registry consequences, early intervention by a lawyer is critical to challenge evidence and explore defense strategies before formal indictment.
- Arrest & Initial Appearance: You will be arrested or served a summons. Your first court date is an arraignment in General District Court.
- Preliminary Hearing: A hearing is held to establish probable cause for the felony charge. Your attorney can cross-examine witnesses.
- Circuit Court Arraignment: If certified, you will be arraigned again in Clarke County Circuit Court and enter a plea.
- Pre-Trial Motions & Discovery: Your lawyer files motions to suppress evidence and obtains all discovery from the prosecution.
- Plea Negotiations or Trial: Based on the evidence, your attorney will engage in negotiations or prepare for a jury trial.
- Sentencing & Registry: If convicted, sentencing follows. A felony conviction triggers mandatory lifetime sex offender registration.
Penalties for Taking Indecent Liberties With A Child By Custodian
In Clarke County, a conviction for Taking Indecent Liberties With A Child By Custodian is a Class 6 felony punishable by 1 to 5 years in prison, or up to 12 months in jail and a fine up to $2,500 at the court’s discretion.
| 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 in prison (or up to 12 months in jail) | Up to $2,500 | None directly | Mandatory lifetime sex offender registration under Va. Code § 9.1-901; possible GPS monitoring; loss of custody/visitation rights; professional license revocation. |
Results may vary. Prior results do not aim for a similar outcome.
Legal Experience for Clarke County Sex Crime 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 have a documented record of case results across Virginia. In Clarke County, we understand the local court procedures and the severe implications of a custodian charge. Our approach focuses on a detailed review of the evidence, the relationship in question, and challenging the prosecution’s case from the outset to protect your future and avoid the lifelong consequences of the sex offender registry.
Case Results & Legal Help
Our firm has a documented history of favorable outcomes in criminal cases. In Clarke County and across Virginia, we work to achieve the best possible result, which can include case dismissals, charge reductions, or favorable plea agreements to avoid mandatory registry requirements. Every case is unique, and we provide aggressive legal help from the initial investigation through trial. For charges like Taking Indecent Liberties With A Child By Custodian, securing an attorney immediately is the most critical step you can take.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Clarke County Sex Crime Defense Lawyer
Our Richmond location serves clients facing charges in Clarke County courts. We are accessible via major highways and represent clients in Berryville, Boyce, and surrounding communities.
Taking Indecent Liberties With A Child By Custodian lawyer near Clarke County. 24/7 phone consultations — (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
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: (703) 636-5417
By appointment only.
FAQs: Taking Indecent Liberties With A Child By Custodian in Clarke County
What is the penalty for Taking Indecent Liberties With A Child By Custodian in Clarke County, Virginia?
It is a Class 6 felony with 1-5 years in prison and a fine up to $2,500. A conviction also mandates lifetime sex offender registration. Cases are heard at Clarke County Circuit Court.
Do I have to register as a sex offender for this charge in Clarke County?
Yes. A felony conviction under Va. Code § 18.2-370.01 requires lifetime registration under Va. Code § 9.1-901. A primary defense goal is often to avoid a conviction that triggers this requirement.
How is a “custodian” defined under this law?
Virginia law defines a custodian as a parent, guardian, legal custodian, or any person responsible for the child’s care, whether in a residential setting or a temporary custodial situation. Challenging the prosecution’s proof of this relationship can be a key part of the defense.
How long does a case like this take in Clarke County?
These felony cases typically take 6 to 18 months from arrest to resolution. The timeline includes a preliminary hearing in General District Court, possible grand jury indictment, and pre-trial proceedings or trial in Circuit Court. Complex evidence can extend this timeframe.
Should I talk to the police if I am accused?
No. You have the right to remain silent and the right to an attorney. You should exercise both rights immediately. Anything you say can be used against you. Contact a lawyer before speaking to any investigator.
Related Legal Help in Clarke County
If you are facing other charges, our firm provides full legal representation. We also handle Criminal Defense in Clarke County, DUI/DWI charges, and Family Law matters. For more information on sex crime defense across Virginia, see our Virginia Sex Crime Defense hub page. We also serve clients in nearby jurisdictions like Henrico County.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
If you want to see how a Clarke 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.