Poquoson Lawyer for Taking Indecent Liberties with a Child by Custodian
Taking Indecent Liberties with a Child by Custodian is a Class 6 felony under Va. Code § 18.2-370.01, carrying 1-5 years in prison and mandatory lifetime sex offender registration. In Poquoson, these cases are prosecuted aggressively in Circuit Court. Law Offices Of SRIS, P.C. provides a strategic defense for these serious charges. Contact us at (888) 437-7747 for a 24/7 consultation.
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 a custodian—such as a parent, guardian, or other person responsible for a child’s care—to commit any act intended to sexually arouse or gratify any person with a child under 18. The law is broad and does not require physical contact; lewd proposals, communications, or exposures can constitute the offense.
Last verified: March 2026 | Poquoson General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the statute, refer to the Virginia Code § 18.2-370.01. Court procedures for Poquoson are handled by the Poquoson General District Court and Circuit Court.
Defense Strategy for a Custodian Indecent Liberties Charge in Poquoson
Defending against a charge of Taking Indecent Liberties with a Child by Custodian requires immediate and careful action. The prosecution must prove you were a custodian and had the specific intent to sexually arouse. In Poquoson Circuit Court, these cases often hinge on digital evidence, witness credibility, and forensic interviews. A child sex offense defense lawyer Poquoson must challenge the intent element and the validity of the custodial relationship.
- Secure Immediate Legal Representation: Do not speak to investigators without an attorney present. Anything you say can be used against you.
- Preserve All Evidence: This includes phones, computers, and any communications relevant to the allegations.
- Case Analysis: Your attorney will review the charging documents, police reports, and any forensic evidence to identify weaknesses in the prosecution’s case.
- Develop a Defense Strategy: This may involve challenging the definition of “custodian,” disputing intent, or presenting an alternative explanation for the alleged behavior.
- Negotiation or Trial: Based on the evidence, your lawyer will advise on seeking a favorable plea agreement or preparing for a jury trial in Poquoson Circuit Court.
Penalties for Taking Indecent Liberties with a Child by Custodian
In Poquoson, a conviction for Taking Indecent Liberties with a Child by Custodian is a Class 6 felony punishable by 1 to 5 years in prison, a fine up to $2,500, and mandatory lifetime registration as a sex offender under Virginia’s registry laws.
| 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; professional license revocation. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Sensitive Cases
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the significant personal and legal stakes of a custodian indecent liberties charge. Our approach is direct, strategic, and focused on protecting your rights and future from the outset.
Case Results in Sex Crime Defense
Our attorneys have achieved favorable outcomes in sensitive cases. In one instance, a child pornography promotion charge in Maryland was nolle prosequi (dismissed). In another, a possession charge resulted in a sentence of 5 years, all suspended, with probation. In Poquoson, we have 2 total documented case results across all practice areas with a 100% favorable outcome rate.
Results may vary. Prior results do not aim for a similar outcome.
Taking Indecent Liberties with a Child by Custodian Lawyer Near Poquoson
Our Richmond location serves clients facing charges at the Poquoson courts. We are accessible via Route 171 (Victory Blvd) and Route 134, near the Poquoson City Hall and Chesapeake Bay waterfront. We provide representation for clients throughout Poquoson.
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) 288-1661
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
FAQs: Taking Indecent Liberties with a Child by Custodian in Poquoson
What does “custodian” mean under Virginia law?
It depends. Va. Code § 18.2-370.01 defines a custodian as a parent, guardian, or other person responsible for the care of a child under 18. This can include step-parents, live-in partners, teachers, or coaches in certain supervisory roles. The specific facts of your relationship to the child are a key part of the defense.
Is this charge different from regular indecent liberties?
Yes. Taking Indecent Liberties with a Child by Custodian is a separate, more severe charge under § 18.2-370.01. The key distinction is the “custodian” status of the accused, which the law treats as a significant aggravating factor due to the breach of trust, skilled to heightened penalties and societal stigma.
What is the penalty for a sex crime in Poquoson, Virginia?
Penalties vary by charge. For Taking Indecent Liberties with a Child by Custodian: 1-5 years in prison. Rape (§ 18.2-61): 5 years to life. Aggravated sexual battery: 1-20 years. Most felony convictions require lifetime sex offender registration. Cases are heard at Poquoson General District Court for preliminary hearings and Poquoson Circuit Court for trials.
Do I have to register as a sex offender in Poquoson, Virginia?
Yes, if convicted of a registerable offense. A conviction for Taking Indecent Liberties with a Child by Custodian mandates lifetime registration under Va. Code § 9.1-901. This requires reporting your address, employment, and vehicles to law enforcement. A core defense goal is often to avoid a conviction that triggers this requirement.
How long does a sex crime case take in Poquoson, Virginia?
A case for Taking Indecent Liberties with a Child by Custodian typically takes 6-18 months. The preliminary hearing in General District Court occurs within 21-60 days of arrest. If certified to Circuit Court, trial preparation, forensic evidence analysis, and motions can extend the timeline significantly before a trial date is set.
Related Legal Information
If you are facing these charges, you may also need information on Virginia sex crime defense. For other legal concerns in Poquoson, consider our pages on Poquoson criminal defense or Poquoson DUI defense. We also assist clients in neighboring areas like Henrico County.
Page Last verified: March 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal advice regarding Taking Indecent Liberties with a Child by Custodian charges.
The same rules apply outside Poquoson, and our page on taking indecent liberties with a child by custodian charges across Virginia walks through each stage.