Falls Church Lawyer for Taking Indecent Liberties with a Child by Custodian
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 Falls Church, these cases are prosecuted aggressively in the Circuit Court. Law Offices Of SRIS, P.C. provides a strong defense for these serious charges, focusing on protecting your rights and future.
Virginia Law on Taking Indecent Liberties with a Child by Custodian
Virginia law treats offenses involving children with extreme seriousness, especially 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 crime for a custodian or person with supervisory authority over a child under 18 to propose that the child engage in sexual conduct or expose their body for sexual purposes. A conviction is a Class 6 felony.
Last verified: March 2026 | Falls Church General District 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). Cases are heard at the Falls Church General District Court and Circuit Court.
Defense Strategy for Falls Church Cases
Defending against a charge of Taking Indecent Liberties with a Child by Custodian in Falls Church requires immediate action. The Commonwealth’s Attorney’s office pursues these cases vigorously. A key procedural fact is that all felony trials occur in Falls Church Circuit Court, following a preliminary hearing in General District Court. The defense must scrutinize the evidence, challenge the prosecution’s interpretation of “indecent liberties,” and explore all avenues for charge reduction to avoid the mandatory lifetime registry.
- Secure Immediate Legal Representation: Contact a lawyer before speaking to investigators. Your words can be used against you.
- Preliminary Hearing: Your case starts in Falls Church General District Court. This hearing tests the prosecution’s evidence.
- Grand Jury Indictment: For a felony, the case proceeds to a grand jury, which decides if there is enough evidence for a trial.
- Circuit Court Arraignment & Trial: If indicted, you will be arraigned in Falls Church Circuit Court, where trial dates are set and plea negotiations often occur.
- Sentencing & Registry: A conviction triggers sentencing under Va. Code § 18.2-370.01 and mandatory registration under Va. Code § 9.1-901.
Potential Penalties for a Conviction
In Falls Church, a conviction for Taking Indecent Liberties with a Child by Custodian carries severe, long-term consequences beyond incarceration.
| 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 to 5 years in prison | Up to $2,500 | N/A | Mandatory lifetime sex offender registration; GPS monitoring possible; 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. Our team brings a combined 120+ years of legal experience to every case. We understand that a charge of Taking Indecent Liberties with a Child by Custodian threatens everything you have built. Our approach is direct and strategic, focusing on the specific facts of your case as they will be presented in Falls Church courts.
Case Results & Client Advocacy
Our firm has documented case results in Falls Church and across Virginia. In sex crime defenses, favorable outcomes often involve having charges reduced or amended to avoid the most severe penalties like lifetime registration. Every case is unique, and we build a defense strategy case-specific to the evidence and circumstances. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases, ensuring every angle is examined.
Results may vary. Prior results do not aim for a similar outcome.
Falls Church Sex Crime Defense Lawyers
Law Offices Of SRIS, P.C.
Serving Falls Church from our 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 Falls Church courts on Park Avenue. We are accessible via Route 7, I-66, and I-495, near the West Falls Church Metro. We provide custodian indecent liberties lawyer Falls Church representation for neighborhoods throughout Falls Church. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What does “custodian” mean under Va. Code § 18.2-370.01?
It depends. The law defines a custodian as a person charged with supervising a child’s welfare, either permanently or temporarily. This can include parents, stepparents, grandparents, teachers, coaches, babysitters, or any adult entrusted with care by a parent or guardian.
Is Taking Indecent Liberties with a Child by Custodian a felony in Virginia?
Yes. It is specifically classified as a Class 6 felony under Va. Code § 18.2-370.01. A conviction carries a prison sentence of 1 to 5 years and mandates lifetime registration as a sex offender.
What is the main difference between this charge and standard indecent liberties?
The key difference is the relationship. Standard indecent liberties (Va. Code § 18.2-370) applies to any person over 18 with a child under 15. Taking Indecent Liberties with a Child by Custodian specifically requires the accused to be in a custodial or supervisory role over the child, who must be under 18, and the prohibited act is proposing sexual conduct or exposure.
Can this charge be reduced to avoid sex offender registration?
It depends. While a conviction under § 18.2-370.01 triggers mandatory lifetime registration, a skilled defense may negotiate a reduction to a non-registry offense or secure an outcome that avoids a conviction altogether. This is a primary focus of defense strategy in these cases.
Where will my case be heard in Falls Church?
Your case will begin with a preliminary hearing at the Falls Church General District Court (300 Park Avenue). If the judge finds probable cause, the felony charge will be sent to a grand jury and, if indicted, your trial will be held at the Falls Church Circuit Court at the same address.
Related Legal Information
If you are facing these charges, you may also want to learn about sex crime defense in Virginia. For other legal needs in Falls Church, consider our services for criminal defense or family law matters.
Page last verified: 2026-04. 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.
If your case reaches beyond Falls Church, our page on taking indecent liberties with a child by custodian charges across Virginia sets out what to look for at each stage.