Taking Indecent Liberties with a Child by Custodian Lawyer in Colonial Heights, Virginia
The charge of taking indecent liberties with a child by custodian is a serious Class 6 felony under Virginia law, carrying 1-5 years in prison and mandatory lifetime sex offender registration. In Colonial Heights, these cases are prosecuted aggressively in the Colonial Heights Circuit Court. Law Offices Of SRIS, P.C.
Virginia Law on Taking Indecent Liberties with a Child by Custodian
The specific offense of taking indecent liberties with a child by a custodian is defined under Va. Code § 18.2-370.1. This statute makes it a crime for any person having custody or supervisory control over a child under 18 to propose that the child engage in sexual acts or expose their sexual or genital parts to the child. Unlike the general indecent liberties statute (§ 18.2-370), this law applies specifically to those in a position of trust, such as parents, guardians, teachers, or coaches. The law is designed to protect children from exploitation by those entrusted with their care.
Last verified: April 2026 | Colonial Heights General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, refer to the official Va. Code § 18.2-370.1 (official Virginia General Assembly). Court procedures for Colonial Heights cases are handled at the Colonial Heights Circuit Court.
Defense Strategy for Colonial Heights Cases
Defending against a charge of taking indecent liberties with a child by custodian requires a case-specific approach. In Colonial Heights, the Commonwealth’s Attorney vigorously pursues these cases. A key local procedural fact is that all felony trials occur in Colonial Heights Circuit Court, with preliminary hearings first held in Colonial Heights General District Court. The defense must scrutinize the evidence, which often lacks physical proof and relies heavily on witness statements. The unique angle for this specific charge involves dissecting the definition of “custody or supervisory control” and the intent behind the alleged communication or act.
- Immediate Consultation: Contact a defense lawyer immediately after being charged or questioned. Do not speak to investigators without an attorney present.
- Case Analysis: Your lawyer will review all evidence, including any electronic communications, witness interviews, and the specific circumstances of the alleged custodial relationship.
- Preliminary Hearing: Attend the hearing in Colonial Heights General District Court, where your lawyer can challenge the probable cause for the felony charge.
- Circuit Court Proceedings: If the case proceeds, your defense will be mounted in Colonial Heights Circuit Court, focusing on motions to suppress evidence and negotiations to reduce charges.
- Trial or Resolution: Prepare for trial to assert your innocence or work toward a resolution that minimizes the lifelong consequences of a conviction.
Potential Penalties for Taking Indecent Liberties with a Child by Custodian
In Colonial Heights, taking indecent liberties with a child by custodian 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.
| 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, 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 in Sex Crime Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and more than 4,739 documented case results firm-wide, our team understands the high stakes of sex crime allegations. We approach each case with a focus on the details of the evidence and the specific procedures of the local court. For a child sex offense defense lawyer in Colonial Heights, our knowledge of Virginia law and local practice is a critical asset.
Documented Case Results
Our firm has a documented record of handling sensitive sex crime cases. While every case is unique, our approach is consistent: protect our client’s rights and challenge the prosecution’s evidence at every stage. In one firm-wide case, we secured a dismissal (nolle prosequi) for a client charged with promoting/distributing child pornography. In another, we negotiated a suspended sentence with probation for a possession charge. 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, leveraging his experience from having personally amended Virginia’s equitable distribution statute.
Law Offices Of SRIS, P.C. – Colonial Heights Defense Lawyers
Richmond Location (Serving Colonial Heights)
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804) 201-9009
By appointment only.
Our Richmond location serves clients at the Colonial Heights courts on Boulevard. We are a taking indecent liberties with a child by custodian lawyer Colonial Heights near I-95 and Route 1, accessible from neighborhoods throughout Colonial Heights. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions (Colonial Heights)
What is the difference between indecent liberties and taking indecent liberties by a custodian?
The key difference is the relationship. General indecent liberties (§ 18.2-370) can involve any minor. Taking indecent liberties with a child by custodian (§ 18.2-370.1) specifically requires the accused to have had custody or supervisory control over the child, such as a parent, teacher, or coach.
Is taking indecent liberties with a child by custodian a felony in Virginia?
Yes. It is a Class 6 felony, punishable by 1 to 5 years in prison and a fine up to $2,500. A conviction also mandates lifetime registration on the Virginia Sex Offender Registry.
What should I do if I am investigated for this charge in Colonial Heights?
Do not speak to police or investigators without an attorney. Immediately contact a custodian indecent liberties lawyer Colonial Heights like Law Offices Of SRIS, P.C. at (888) 437-7747. Anything you say can be used against you, and an attorney can protect your rights from the very start of the investigation.
Can these charges be reduced or dismissed?
It depends on the evidence. A strong defense may lead to reduced charges or even dismissal. Strategies include challenging the definition of “custody,” questioning the credibility of allegations, or filing motions to suppress improperly obtained evidence. An experienced lawyer will explore all avenues.
Where will my case be heard in Colonial Heights?
Your preliminary hearing will be at the Colonial Heights General District Court (550 Boulevard). If the case proceeds as a felony, the trial will be held at the Colonial Heights Circuit Court in the same building.
Related Legal Resources
- Virginia Sex Crime Defense Lawyer
- Sex Crime Defense Lawyer Chesterfield County
- Criminal Defense Lawyer Colonial Heights
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.