Taking Indecent Liberties With A Child By Custodian Defense in Fauquier County, Virginia
Taking Indecent Liberties With A Child By Custodian is a Class 6 felony under Va. Code § 18.2-370.01, punishable by 1-5 years in prison and mandatory lifetime sex offender registration. In Fauquier County, these cases are prosecuted aggressively in Circuit Court. Law Offices Of SRIS, P.C. provides immediate legal help for these serious charges. Contact our attorney for a confidential legal consultation.
Virginia Law on Taking Indecent Liberties With A Child By Custodian
Virginia Code § 18.2-370.01 defines the specific crime of Taking Indecent Liberties With A Child By Custodian. This statute applies when a person who is a custodian or has custodial authority over a child under 18 commits any act intended to sexually gratify themselves or the child. A “custodian” includes a parent, guardian, or other person responsible for the child’s care. The law is distinct from the general indecent liberties statute (§ 18.2-370) due to the abuse of a position of trust.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-370.01 (Taking indecent liberties with child by custodian)
- Fauquier County Circuit Court
Fauquier County Court Process for Custodial Indecent Liberties Charges
In Fauquier County, a charge of Taking Indecent Liberties With A Child By Custodian begins with an arrest or indictment. The case will have a preliminary hearing in Fauquier County General District Court to determine probable cause. Because it is a felony, the case is then transferred to Fauquier County Circuit Court for trial. The Commonwealth’s Attorney for Fauquier County prosecutes these cases with particular severity due to the breach of trust involved.
- Arrest & Initial Appearance: You will be arrested and taken before a magistrate. Bond may be denied or set very high.
- Preliminary Hearing: A hearing in Fauquier County General District Court (6 Court Street, Warrenton) within 21-60 days to establish probable cause.
- Circuit Court Arraignment: If bound over, you will be formally charged and enter a plea in Fauquier County Circuit Court.
- Pre-Trial Motions & Discovery: Your lawyer will file motions to suppress evidence and obtain all prosecution materials.
- Trial or Plea Negotiation: The case proceeds to a jury trial or may be resolved through negotiated plea agreements aimed at reducing charges.
- Sentencing & Registry: A conviction requires sentencing under Va. Code § 18.2-370.01 and mandatory registration under Va. Code § 9.1-901.
Penalties for Taking Indecent Liberties With A Child By Custodian in Fauquier County
In Fauquier County, Taking Indecent Liberties With A Child By Custodian is a Class 6 felony carrying 1-5 years in prison and mandatory lifetime sex offender registration.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties With A Child By Custodian (Va. Code § 18.2-370.01) | Class 6 Felony | 1 – 5 years | Up to $2,500 | N/A | Mandatory lifetime sex offender registration; possible GPS monitoring; loss of custody/visitation rights. |
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. Our firm brings over 120 years of combined legal experience to every case. We understand the high stakes of a charge like Taking Indecent Liberties With A Child By Custodian, where a conviction alters every aspect of your life. Our approach is direct and focused on protecting your future.
Case Results & Legal Help
While specific results are confidential, our firm has a documented record of favorable outcomes in complex cases. In Fauquier County and across Virginia, we have secured dismissals, charge reductions, and acquittals in cases where the evidence seemed formidable. For a charge of Taking Indecent Liberties With A Child By Custodian, early case assessment by an experienced lawyer is vital. Secondary attorney Matthew Greene, with over 30 years of experience including a 14-year contract with Child Protective Services in Alexandria, provides critical insight into cases involving allegations against custodians.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Fauquier County Charges
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients facing charges at the Fauquier County courts in Warrenton. We are accessible via I-66, Route 29, and Route 17. If you need a Taking Indecent Liberties With A Child By Custodian lawyer near Fauquier County or the communities of Warrenton, New Baltimore, Bealeton, Marshall, or The Plains, we provide 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Frequently Asked Questions (FAQs)
What is the penalty for a sex crime in Fauquier County, Virginia?
Rape (§ 18.2-61): 5 years to life. Forcible sodomy: 5 years to life. Aggravated sexual battery: 1-20 years. Taking Indecent Liberties With A Child By Custodian: 1-5 years. Child pornography: 1-5 years per image. Most convictions require lifetime sex offender registration.
Do I have to register as a sex offender in Fauquier County, Virginia?
Yes. Most felony sex crime convictions in Virginia require lifetime registration under Va. Code § 9.1-901. A conviction for Taking Indecent Liberties With A Child By Custodian mandates registration. Charge reduction is critical to avoid this requirement.
How long does a sex crime case take in Fauquier County, Virginia?
It depends. Cases typically take 3-12 months from arrest to trial. Preliminary hearings occur within 21-60 days. Processing of forensic evidence like DNA or digital files can extend the timeline by several months.
What should I do if charged with a sex crime in Fauquier County?
Contact an attorney immediately. Do not speak to investigators without a lawyer. Law Offices Of SRIS, P.C. has former prosecutors with sex crimes defense experience. Call (888) 437-7747 for a legal consultation by appointment.
What makes “by custodian” charges different?
Charges under Va. Code § 18.2-370.01 involve an abuse of a position of trust (parent, guardian, etc.). This aggravating factor leads to more severe prosecution and can impact sentencing, child custody matters, and public perception.
Can these charges be reduced or dismissed?
It depends on the evidence. Defense strategies often focus on challenging the credibility of allegations, proving lack of intent, or negotiating a reduction to a non-registry offense. An experienced attorney can assess the specific possibilities in your case.
Related Legal Help in Fauquier County
- Virginia Sex Crime Defense Lawyer
- Sex Crime Defense Lawyer in Fairfax County
- Fauquier County Criminal Defense Lawyer
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 charges.
Fauquier is one part of a statewide practice, and our page on taking indecent liberties with a child by custodian lawyer Virginia covers the process from start to finish.