Taking Indecent Liberties with a Child by Custodian Defense in Henrico County
Taking Indecent Liberties with a Child by Custodian is a serious felony under Virginia law, carrying 1-5 years in prison and mandatory lifetime sex offender registration. In Henrico County, these cases are prosecuted aggressively in Circuit Court. Law Offices Of SRIS, P.C. provides a strong defense for these charges, with documented results in the locality.
Virginia Law on Taking Indecent Liberties with a Child by Custodian
The specific offense of Taking Indecent Liberties with a Child by Custodian is defined under Va. Code § 18.2-370.1. A “custodian” includes a parent, guardian, legal custodian, or other person responsible for the child’s care. The statute makes it a Class 6 felony for any such person to knowingly and intentionally propose that a child under 18 perform or submit to sexual acts, or to expose their sexual or genital parts to such a child. The penalties are severe, with a conviction requiring registration under the Virginia Sex Offender and Crimes Against Minors Registry Act (Va. Code § 9.1-901).
Last verified: April 2026 | Henrico County General District Court | Virginia General Assembly
Local Court Process and Defense Strategy
In Henrico County, felony charges for Taking Indecent Liberties with a Child by Custodian begin with an arrest and a bond hearing. Given the nature of the charge, bond is often denied or set very high. The case proceeds to a preliminary hearing in Henrico County General District Court to determine probable cause. If bound over, the case is indicted by a grand jury and tried in Henrico County Circuit Court. The Commonwealth’s Attorney for Henrico County prosecutes these cases vigorously, often relying on forensic interviews and digital evidence.
- Arrest & Initial Appearance: You will be arrested and taken before a magistrate. An initial bond hearing is held, often resulting in high secured bond or denial.
- Preliminary Hearing: A hearing is scheduled in Henrico County General District Court within 21-60 days to establish probable cause for the felony charge.
- Grand Jury Indictment: If probable cause is found, the case is presented to a grand jury for a formal indictment, moving it to Circuit Court.
- Pre-Trial Motions & Discovery: Your attorney files motions to suppress evidence and challenges the prosecution’s case while reviewing all discovery, including forensic reports.
- Trial or Negotiation: The case proceeds to a jury trial in Henrico County Circuit Court or, if in your best interest, your attorney negotiates for a reduction to a non-registry offense.
- Sentencing & Registry: A conviction leads to sentencing under Va. Code § 18.2-370.1 and mandatory lifetime registration as a sex offender.
Penalties for Taking Indecent Liberties with a Child by Custodian
In Henrico 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, plus mandatory lifetime sex offender registration.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties with a Child by Custodian (Va. Code § 18.2-370.1) | Class 6 Felony | 1-5 years in prison (or up to 12 months in jail) | Up to $2,500 | N/A | Mandatory 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 Defending Custodian Indecent Liberties Charges
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 custodian indecent liberties charge in Henrico County, where a conviction alters every aspect of your life. Our approach is direct: we meticulously analyze the evidence, challenge the prosecution’s narrative of intent, and work aggressively to protect your rights and future. For a child sex offense defense lawyer Henrico County residents can consult, our team provides focused representation.
Case Results in Sex Crime Defense
Our firm has a documented record in sex crime defense. In Henrico County, we have achieved favorable outcomes for clients facing serious allegations. While every case is unique, our systematic approach to defense aims for the best possible result. Mr. Sris, the firm’s founder and a former prosecutor with a background in complex financial and technical cases, provides strategic oversight on these serious matters.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Henrico County Defense Lawyers
Our Richmond location serves clients in Henrico County, including Glen Allen, Short Pump, Innsbrook, Tuckahoe, and Highland Springs. We are accessible via I-64, I-95, and Route 250. If you need a custodian indecent liberties lawyer Henrico County courts recognize, contact us for a confidential consultation.
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: (804) 477-1720
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
FAQs: Taking Indecent Liberties with a Child by Custodian in Henrico County
What is the penalty for Taking Indecent Liberties with a Child by Custodian in Henrico County?
It is a Class 6 felony. The penalty is 1 to 5 years in prison, or up to 12 months in jail and a fine up to $2,500. A conviction also requires mandatory lifetime registration as a sex offender under Virginia law.
Do I have to register as a sex offender if convicted?
Yes. A conviction under Va. Code § 18.2-370.1 triggers mandatory lifetime registration on the Virginia Sex Offender and Crimes Against Minors Registry. This is a critical reason why charge reduction or dismissal is the primary defense goal.
What does “custodian” mean under this law?
It includes a parent, guardian, legal custodian, or any other person responsible for the care of a child under 18. This broad definition means babysitters, family members, or anyone in a position of authority over the child could be charged.
How long does a case like this take?
These cases typically take 3 to 12 months from arrest to trial in Henrico County Circuit Court. The timeline can be extended by pre-trial motions, forensic evidence review, and negotiation periods. The preliminary hearing in General District Court occurs within 21-60 days of arrest.
What are common defenses to this charge?
Common defenses include challenging the intent element (knowingly and intentionally), disputing the custodial relationship, attacking the credibility of the allegation, and filing motions to suppress illegally obtained evidence or statements. An experienced lawyer will identify the strongest defense strategy for your specific situation.
Related Legal Resources
- Virginia Sex Crime Defense Lawyer
- Sex Crime Defense Lawyer Chesterfield County
- Criminal Defense Lawyer Henrico County
Page Last verified: April 2026. 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 lawyer Henrico County needs.
If you want to see how a Henrico County 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.