New Kent County Lawyer for Taking Indecent Liberties with a Child by Custodian
A charge of Taking Indecent Liberties with a Child by Custodian under Va. Code § 18.2-370.01 is a serious Class 6 felony in New Kent County, carrying 1-5 years in prison and mandatory lifetime sex offender registration. The Law Offices Of SRIS, P.C. provides a strong defense for these sensitive cases, with documented results in the local courts.
Virginia Law on Taking Indecent Liberties with a Child by Custodian
Virginia law treats offenses against children with extreme severity, 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 felony for any person who is a custodian or has custodial authority over a child under 18 to propose that the child engage in sexual activity, expose their genitals to the child, or propose that the child expose themselves. Unlike the general indecent liberties statute (§ 18.2-370), this charge hinges on the “custodian” relationship, which includes parents, guardians, teachers, coaches, or any person responsible for the child’s care.
Last verified: March 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the exact language of the law, refer to the official Va. Code § 18.2-370.01 (official Virginia General Assembly). Court procedures for these felony cases begin at the New Kent County General District Court website.
Defense Strategy for a Custodian Indecent Liberties Charge in New Kent County
Defending against a charge of Taking Indecent Liberties with a Child by Custodian requires immediate and careful action. In New Kent County, these cases are prosecuted by the Commonwealth’s Attorney and often involve forensic interviews and digital evidence. A key local procedural fact is that while preliminary hearings are held at the New Kent County General District Court, all felony trials occur at the New Kent County Circuit Court. The prosecution must prove not only the alleged act but also your status as a “custodian,” which can be a point of strategic challenge.
- Secure Immediate Legal Representation: Do not speak to police or Child Protective Services without an attorney present. Contact a lawyer specializing in these charges.
- Case Assessment & Investigation: Your attorney will review all evidence, including interview transcripts, electronic communications, and witness statements, to identify weaknesses in the prosecution’s case.
- Challenge the “Custodian” Element: A defense may involve challenging whether you legally qualified as a custodian under the statute at the time of the alleged incident.
- Preliminary Hearing: Your lawyer will represent you at the General District Court hearing to challenge the probable cause for the felony charge.
- Circuit Court Strategy: If the case proceeds, your attorney will develop a full defense strategy for trial in New Kent County Circuit Court, which may include experienced witnesses.
- Negotiation or Trial: The ultimate goal is to seek a dismissal or reduction of charges to avoid the lifetime sex offender registry, often through skilled negotiation or a vigorous trial defense.
Penalties for Taking Indecent Liberties with a Child by Custodian
In New Kent County, a conviction for Taking Indecent Liberties with a Child by Custodian is a Class 6 felony with a prison sentence of one to five years, or up to 12 months in jail and a fine up to $2,500.
| 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 in prison (or up to 12 months in jail) | Up to $2,500 | N/A | Mandatory lifetime registration on the Virginia Sex Offender Registry; possible GPS monitoring; loss of custody/visitation; professional license revocation. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Virginia Sex Crime Defense
The Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. Our firm 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 your freedom, reputation, and future. Our approach is direct and focused on protecting your rights from the initial investigation through trial.
Case Results in Sex Crime Defense
Our firm has a documented record of handling sensitive sex crime cases. While every case is unique, our strategic approach aims for favorable outcomes. In New Kent County, we have secured results for clients across various practice areas. For instance, we have successfully defended against charges including possession of child pornography, achieving dismissals or favorable plea agreements that avoided mandatory minimum sentences.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for New Kent County Charges
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) 201-9009
By appointment only.
Our Richmond location serves clients facing charges at the New Kent County courts. We are accessible via I-64 and represent individuals throughout the area, including in New Kent, Providence Forge, and Quinton. If you need a custodian indecent liberties lawyer New Kent County near the courthouse on Courthouse Circle, we provide 24/7 phone consultations and meetings by appointment.
FAQs: Taking Indecent Liberties with a Child by Custodian in New Kent County
What is the penalty for a sex crime in New Kent County, Virginia?
Penalties vary by charge. For Taking Indecent Liberties with a Child by Custodian, it is a Class 6 felony with 1-5 years in prison and lifetime sex offender registration. Other crimes like rape carry life sentences.
Do I have to register as a sex offender in New Kent County, Virginia?
Yes, most felony sex crime convictions in Virginia, including Taking Indecent Liberties with a Child by Custodian, require lifetime registration under Va. Code § 9.1-901. This makes negotiating a charge reduction to a non-registry offense a primary defense goal.
How long does a sex crime case take in New Kent County, Virginia?
It depends on the case complexity. Typically, a case takes 3-12 months from arrest to trial. The preliminary hearing at New Kent County General District Court occurs within 21-60 days, with the Circuit Court trial following months later, especially if forensic evidence is involved.
What does “custodian” mean under Va. Code § 18.2-370.01?
A custodian is a person responsible for the child’s care, including parents, guardians, relatives, teachers, coaches, or anyone with temporary supervisory control. The prosecution must prove this relationship existed at the time of the alleged act.
Can charges be dropped if the child recants?
It depends. While a recantation is significant, prosecutors may proceed with other evidence. An experienced child sex offense defense lawyer New Kent County can use a recantation to challenge the entire case, potentially skilled to dismissal or a favorable plea.
For more information on sex crime defense in Virginia, see our Virginia sex crime defense hub. We also assist clients in nearby areas like Henrico County and Chesterfield County. For other legal needs in New Kent County, consider our criminal defense or DUI defense services.
Page last verified: 2026-04. Laws change — contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
New Kent County 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.