Middlesex County Taking Indecent Liberties with a Child by Custodian Lawyer — What Are Your Defense Options?
A charge of taking indecent liberties with a child by a custodian in Middlesex County is a serious felony under Virginia law, carrying severe penalties. As a former prosecutor, Mr. Sris understands the aggressive nature of these cases. The Law Offices Of SRIS, P.C. provides a focused defense for those accused, challenging the prosecution’s evidence and protecting your rights from the initial investigation through trial.
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ToggleVirginia Law on Taking Indecent Liberties with a Child by a Custodian
In Virginia, the offense of taking indecent liberties with a child by a custodian is defined under Va. Code § 18.2-370.1. This statute makes it a crime for a person in a custodial or supervisory role—such as a parent, guardian, teacher, or coach—to engage in acts intended to sexually arouse or gratify any person with a child under their care who is between 13 and 17 years old. The law is distinct from other sex crimes due to the specific abuse of a position of trust.
Last verified: April 2026 | Middlesex County Circuit Court | Virginia General Assembly
Official Legal Resources
For the official statute, refer to the Virginia Legislative Information System (Va. Code § 18.2-370.1). For local court procedures, visit the Middlesex County Circuit Court website.
Defense Strategy for a Custodian Indecent Liberties Charge in Middlesex County
Defending against a charge of taking indecent liberties with a child by a custodian requires a case-specific approach that addresses both the alleged acts and the critical element of custodial authority. In Middlesex County, these cases are prosecuted vigorously. A key defense often involves challenging whether a true custodial relationship existed as defined by law, or whether the accused’s actions were misconstrued.
- Immediate Case Review: Do not speak to investigators without an attorney. Contact a lawyer to secure representation immediately.
- Evidence Preservation: Your attorney will work to secure and review all evidence, including communications, witness statements, and any physical evidence.
- Motion Practice: File pre-trial motions to challenge the admissibility of evidence or the validity of the charges based on the legal definition of “custodian.”
- Negotiation or Trial: Based on the strength of the evidence, your attorney will either negotiate for a reduction or dismissal of charges or prepare a strong defense for trial.
Penalties for Taking Indecent Liberties with a Child by a Custodian
In Middlesex County, a conviction for taking indecent liberties with a child by a custodian is a Class 6 felony, punishable by 1 to 5 years in prison, or 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 (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 | Mandatory registration on the Virginia Sex Offender Registry | Loss of professional licenses, restrictions on employment, loss of custody/visitation rights. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Sex Crime Defense
Founded in 1997 by former prosecutor Mr. Sris, 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 documented case results with a favorable outcome rate exceeding 93%. We understand the high stakes and sensitive nature of sex crime allegations and provide a determined defense.
Kristen Fisher
Principal Attorney
Bar Admissions: Maryland; Virginia.
A former Maryland Assistant State’s Attorney, Kristen Fisher joined the firm in 2010. She uses her prosecutorial insight to build strong defenses for clients facing serious criminal charges in Virginia and Maryland.
Case Results in Sex Crime Defense
The Law Offices Of SRIS, P.C. has a firm-wide record of over 4,739 documented case results with a favorable outcome rate exceeding 93%. While results are always case-specific, our team’s extensive experience includes defending against charges of taking indecent liberties with a child by a custodian and other serious felonies. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases.
Results may vary. Prior results do not aim for a similar outcome.
Middlesex County Sex Crime Defense Lawyer Near You
Our firm is positioned to defend clients throughout Middlesex County. We serve communities including Urbanna, Deltaville, and Hartfield. We offer 24/7 phone consultations for immediate legal concerns.
Law Offices Of SRIS, P.C.
By appointment only.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
Frequently Asked Questions (FAQs)
What does “custodian” mean under Va. Code § 18.2-370.1?
It depends. The law defines a custodian as a person responsible for the child’s care, whether temporarily or permanently. This includes parents, guardians, teachers, coaches, babysitters, or any person left in a position of authority. The specific facts of the relationship are critical to the charge.
Is taking indecent liberties with a child by a custodian a felony in Virginia?
Yes. It is classified as a Class 6 felony, which carries a potential prison sentence of 1 to 5 years, mandatory sex offender registration, and other long-term consequences.
What is the difference between this charge and other child sex offenses?
The key difference is the abuse of a custodial relationship. Other statutes, like aggravated sexual battery, may not require proof of this specific position of trust. A child sex offense defense lawyer Middlesex County can analyze the charges to identify the exact elements the prosecution must prove.
Can the charge be reduced or dismissed?
It depends. Outcomes depend on the evidence, the strength of the defense’s challenges, and negotiation with the prosecution. An experienced custodian indecent liberties lawyer Middlesex County can file motions to suppress evidence, challenge the custodial relationship, or negotiate for a lesser charge based on the case’s weaknesses.
What should I do if I am investigated for this crime?
Do not answer questions without an attorney. Politely decline to speak with law enforcement and immediately contact a lawyer. Anything you say can be used against you, and having legal counsel from the start is the most important step to protect your rights.
Internal Resources
For more information on related charges, see our pages on Virginia Sex Crime Defense and Virginia Criminal Defense. For defense in a neighboring area, learn about our services as a Sex Crime Lawyer in Gloucester County.
Last verified: April 2026. Laws change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding taking indecent liberties with a child by a custodian.