Lexington Taking Indecent Liberties with a Child by Custodian Lawyer — What Are Your Defense Options?
Taking Indecent Liberties with a Child by Custodian is a serious felony under Virginia law, carrying severe penalties. If you are a parent, guardian, or other custodian facing this charge in Lexington or Rockbridge County, immediate legal representation is critical. The Law Offices Of SRIS, P.C. defends clients against complex child sex offense allegations.
Virginia Law on Taking Indecent Liberties with a Child by Custodian
The crime of Taking Indecent Liberties with a Child by Custodian is defined under Virginia Code § 18.2-370.1. This statute makes it unlawful for any person who maintains a custodial relationship with a child under 18 to engage in specific acts with lascivious intent. A custodial relationship includes being a parent, step-parent, grandparent, guardian, or anyone responsible for the child’s supervision. The prohibited acts include proposing that the child feel or fondle the custodian’s genitals, proposing that the custodian feel or fondle the child’s genitals, or proposing sexual intercourse or sodomy.
Last verified: April 2026 | Rockbridge County Circuit Court | Virginia General Assembly
Official Legal Resources & Court Information
Understanding the specific law and the court where your case will be heard is essential. The official statute is maintained by the Virginia General Assembly. For Lexington and Rockbridge County cases, the primary court is the Rockbridge County Circuit Court. You can find general court information, though not legal advice, on the Virginia’s Judicial System website.
Local Defense Strategy for Lexington Cases
Defending against a charge of Taking Indecent Liberties with a Child by Custodian in Lexington requires a case-specific approach that addresses both the legal elements and the intense scrutiny these cases receive. The prosecution must prove you had a custodial relationship, the child was under 18, and you acted with lascivious intent. A strong defense often involves challenging the intent, the credibility of the allegations, or the validity of the custodial relationship at the time of the alleged act.
- Secure Immediate Representation: Contact an attorney before speaking to investigators. Anything you say can be used against you.
- Case Assessment: Your lawyer will review all evidence, including any statements, electronic communications, and witness accounts.
- Investigation: A independent investigation may uncover inconsistencies in the allegations or evidence supporting your defense.
- Motion Practice: Filing pre-trial motions to suppress improperly obtained evidence or dismiss charges can weaken the prosecution’s case.
- Trial Preparation or Negotiation: Your attorney will prepare a vigorous defense for trial while exploring all options for a favorable resolution, such as reduced charges.
Potential Penalties for a Conviction
In Lexington, a conviction for Taking Indecent Liberties with a Child by Custodian is a Class 5 felony, punishable by one to ten years in prison, or at the judge’s discretion, up to 12 months in jail and a fine of up to $2,500.
| Offense | Classification | Incarceration | Fine | Registry | Other Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties with a Child by Custodian | Class 5 Felony | 1-10 years in prison (or up to 12 months in jail) | Up to $2,500 | Mandatory registration on the Virginia Sex Offender Registry | Loss of custody/visitation, permanent criminal record, difficulty finding employment/housing. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Defending Serious Charges
Founded in 1997 by a former prosecutor, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand that a charge of Taking Indecent Liberties with a Child by Custodian threatens everything you hold dear. Our approach is direct and focused on protecting your liberty and reputation. We draw on our deep knowledge of Virginia’s legal system to build a strong defense.
Case Results & Client Advocacy
Our firm has a documented history of achieving positive results in complex cases. While every case is unique, our team works tirelessly to challenge the prosecution’s evidence. For instance, we have successfully argued for the suppression of statements, negotiated for reduced charges, and secured not-guilty verdicts at trial. Mr. Sris, the firm’s founder and a former prosecutor with admissions in VA, MD, DC, NJ, and NY, provides strategic oversight on complex defenses.
Results may vary. Prior results do not aim for a similar outcome.
Local Legal Support in Lexington
If you need a custodian indecent liberties lawyer Lexington, our firm provides accessible support. We offer 24/7 phone consultations to address your immediate concerns. Our team serves clients throughout Rockbridge County and the surrounding communities.
Law Offices Of SRIS, P.C.
By appointment only.
Toll-Free: (888) 437-7747 | Local: (888) 437-7747
24/7 phone consultations — meetings by appointment only.
Frequently Asked Questions (FAQs)
What is the difference between this charge and other sex crimes?
It depends. The key distinction for Taking Indecent Liberties with a Child by Custodian is the existence of a proven custodial relationship (like parent or guardian) between the accused and the child. Other statutes, like general indecent liberties (§ 18.2-370), do not require this specific relationship, making the custodian charge uniquely severe in its implications and penalties.
Can I be charged if the child consented or initiated contact?
No. Under Virginia law, a child under 18 cannot legally consent to sexual activity with a custodian. The statute is designed to protect children from abuse of authority, so the child’s alleged willingness is not a defense to the charge. The law focuses on the custodian’s actions and intent.
What does “lascivious intent” mean?
It depends on the circumstances. “Lascivious intent” means a state of mind focused on arousing or gratifying sexual desire. Prosecutors use the accused’s actions, words, and the context to prove this intent. It is a critical element the state must prove beyond a reasonable doubt, and challenging it is a common defense strategy.
Will I have to register as a sex offender if convicted?
Yes. A conviction for Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.1 carries a mandatory requirement to register on the Virginia Sex Offender and Crimes Against Minors Registry. The duration and level of registration depend on the specific sentence and risk assessment.
Should I speak to the police if they contact me?
No. You have the right to remain silent and the right to an attorney. You should politely decline to answer questions and immediately contact a lawyer. Speaking to law enforcement without an attorney present carries extreme risk, as statements can be misconstrued and used to build a case against you.
If you want to see how a Lexington 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.