Taking Indecent Liberties with a Child by Custodian Lawyer in Fairfax County, Virginia
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. Law Offices Of SRIS, P.C. has 107 documented sex crime results in Fairfax County, including cases involving indecent liberties.
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 § 18.2-370.01. This law makes it a felony for a person in a custodial or supervisory role to propose or commit any lewd or lascivious act upon a child under 18. A custodian indecent liberties lawyer Fairfax understands that the law defines “custodian” broadly, including parents, guardians, teachers, coaches, or any person responsible for the child’s care.
Last verified: March 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the law, refer to Va. Code § 18.2-370.01 (official Virginia General Assembly). Court proceedings for these felonies begin at the Fairfax County General District Court for preliminary hearings before moving to Circuit Court for trial.
Defense Strategy for a Custodian Indecent Liberties Charge in Fairfax
Fairfax County prosecutors pursue these charges aggressively. A key local procedural fact is that the Commonwealth’s Attorney’s office often relies heavily on forensic interviews of the child and digital evidence. Defense strategy must focus on challenging the credibility of the accusation, examining the custodial relationship, and scrutinizing the investigation’s procedures. For someone accused of taking indecent liberties with a child by custodian, the primary goal is often avoiding a conviction that triggers the lifetime sex offender registry.
- Secure Immediate Representation: Do not speak to investigators without your attorney present. Contact a lawyer specializing in taking indecent liberties with a child by custodian defense.
- Case Assessment: Your lawyer will review all evidence, including interview transcripts, digital communications, and the nature of the alleged custodial relationship.
- Preliminary Hearing: Your case starts at Fairfax County General District Court, where your attorney can challenge the probable cause for the felony charge.
- Investigation & Strategy: A strong defense may involve hiring forensic experts, interviewing witnesses, and filing pre-trial motions to suppress evidence.
- Resolution: Your attorney will negotiate with prosecutors for a dismissal, reduction, or proceed to a jury trial in Fairfax County Circuit Court to fight the allegations.
Penalties for Taking Indecent Liberties with a Child by Custodian
In Fairfax 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, 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 Child by Custodian (Va. Code § 18.2-370.01) | Class 6 Felony | 1 – 5 years | Up to $2,500 | N/A | Lifetime Sex Offender Registration, GPS monitoring possible, loss of custodial rights, professional license revocation. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Fairfax County Sex Crime Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. In Fairfax County, we have documented 107 sex crime results, including 38 cases dismissed or found not guilty and 38 charges reduced or amended. We understand the high stakes of a taking indecent liberties with a child by custodian charge and build defenses focused on protecting your future.
Case Results for Sex Crimes in Fairfax County
Our documented results in Fairfax County include 107 sex crime cases with an 83% favorable outcome rate. These results encompass a range of charges, from dismissals and not-guilty verdicts to charge reductions that avoid mandatory sex offender registration. For example, our secondary attorney on complex cases, Matthew Greene, brings over 30 years of experience, including a former 14-year contract with Child Protective Services in Alexandria, providing critical insight into cases involving allegations against custodians.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Fairfax County Charges
Law Offices Of SRIS, P.C.
Fairfax Location — 4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients at the Fairfax County courts. We represent individuals from Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. If you need a taking indecent liberties with a child by custodian lawyer Fairfax near the courthouse, we are accessible. We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
FAQs: Taking Indecent Liberties with a Child by Custodian in Fairfax
What is the penalty for a sex crime in Fairfax County, Virginia?
Penalties vary by charge. For taking indecent liberties with a child by custodian, it’s a Class 6 felony with 1-5 years in prison and lifetime sex offender registration. Rape carries 5 years to life. Most convictions require lifetime registration.
Do I have to register as a sex offender in Fairfax County, Virginia?
Yes. Most felony sex crime convictions in Virginia, including for taking indecent liberties with a child by custodian, require lifetime registration under Va. Code § 9.1-901. Defense strategy often focuses on charge reduction to avoid this requirement.
How long does a sex crime case take in Fairfax County, Virginia?
It depends. These cases typically take 3-12 months from arrest to trial. A preliminary hearing at General District Court occurs within 21-60 days. Processing forensic evidence like DNA or digital data can extend the timeline by several months.
Who is considered a “custodian” under Virginia law?
A custodian is broadly defined as a parent, guardian, or other person responsible for the child’s care or supervision. This can include teachers, coaches, babysitters, or family members. A custodian indecent liberties lawyer Fairfax can analyze whether the alleged relationship meets the legal definition.
What should I do if I am accused of this crime?
First, do not speak to police or investigators without an attorney. Second, immediately contact a child sex offense defense lawyer Fairfax. Anything you say can be used against you. An experienced lawyer will protect your rights from the very start of the case.
Related Legal Information
If you are facing these serious charges, you need focused help. For more on our statewide practice, see our Virginia Sex Crime Defense Lawyer hub. For defense against other related charges in the area, consider our pages for Criminal Defense Lawyer Fairfax or DUI Lawyer Fairfax.
Page last verified and updated: April 2026. Laws change. For current guidance on charges for taking indecent liberties with a child by custodian, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
The same rules apply outside Fairfax, and our page on taking indecent liberties with a child by custodian charges across Virginia walks through each stage.