Virginia 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 Class 6 felony under Virginia law, carrying 1 to 5 years in prison and mandatory lifetime sex offender registration. Law Offices Of SRIS, P.C. provides immediate legal help for these sensitive charges. Our former prosecutor-led team understands the severe consequences and builds a strategic defense from the first legal consultation.
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. This statute makes it a crime for any person who is a custodian or has authority over a child under the age of 18 to engage in certain acts with lascivious intent. The law is designed to protect children from abuse by those entrusted with their care, such as parents, guardians, teachers, or coaches.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm has a deep understanding of Virginia’s sex crime statutes and the high stakes involved in defending against them.
Official Legal Resources
For the exact statutory language, refer to the official Va. Code § 18.2-370 (Virginia General Assembly). For court-specific procedures and forms, visit the Virginia Judicial System website.
Defense Strategy for a Taking Indecent Liberties With A Child By Custodian Charge
Virginia statewide practice requires a defense case-specific to the specific jurisdiction where charges are filed. The key local procedural fact is that bond is frequently contested in these cases, and securing pretrial release often requires a detailed motion addressing community safety and flight risk. A strong defense challenges the prosecution’s evidence of “lascivious intent” and the defendant’s status as a “custodian.”
- Immediate Case Assessment: Contact an attorney before speaking with investigators. We secure and review the warrant, affidavits, and any initial discovery.
- Bond Hearing Preparation: We prepare for a potentially contested bond hearing, gathering character references and evidence to argue for release with conditions.
- Investigation & Evidence Review: Our team conducts an independent investigation, which may include reviewing digital communications, interviewing witnesses, and consulting with forensic experts.
- Pre-Trial Motions: We file motions to suppress evidence obtained improperly, challenge the admissibility of certain statements, or seek dismissal if the statute’s elements are not met.
- Trial or Plea Negotiation: Based on the strength of the evidence, we either prepare a vigorous trial defense or negotiate for a reduction to a lesser offense to avoid mandatory lifetime registry.
Potential Penalties for Taking Indecent Liberties With A Child By Custodian in Virginia
In Virginia, 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 at the court’s discretion.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Taking Indecent Liberties With A Child By Custodian (Va. Code § 18.2-370) | 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 Virginia Sex Offender Registry; possible GPS monitoring; loss of child custody/visitation; professional license revocation. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and a firm-wide record of 4,739+ documented case results, our team brings a formidable defense perspective to every case. We understand that a charge of Taking Indecent Liberties With A Child By Custodian threatens your freedom, reputation, and future, and we fight to protect all three.
Our Approach to Sex Crime Defense in Virginia
Our firm-wide record across VA, MD, NJ, NY, and DC includes 4,739+ documented results with a 93%+ favorable outcome rate. These results stem from a collaborative approach where senior attorneys like Mr. Sris and Matthew Greene work together. Attorney Matthew Greene, with over 30 years of experience including a former contract with Child Protective Services in Alexandria, provides critical insight into how these cases are investigated and presented.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Sex Crimes Defense Lawyer Near You
Our Fairfax location at 4008 Williamsburg Court, Fairfax, VA 22032 serves clients across Virginia. We are accessible for meetings by appointment only. We provide legal help to all Virginia communities.
Available 24/7 for a Legal Consultation
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
Meetings by appointment only.
Frequently Asked Questions (FAQs)
What does “custodian” mean under Va. Code § 18.2-370?
It depends. The law defines a custodian as a parent, guardian, or other person responsible for the care of a child. This can include teachers, coaches, babysitters, or family members who have temporary authority over the child. The specific relationship is a key element the prosecution must prove.
Is this charge different from regular “indecent liberties”?
Yes. Taking Indecent Liberties With A Child By Custodian is a specific subsection of the broader indecent liberties statute. The primary difference is the defendant’s legal status as a custodian, which the law treats as an aggravating factor due to the breach of trust involved.
Can I avoid lifetime sex offender registration?
It depends. A conviction under § 18.2-370 carries a mandatory lifetime registration requirement. The primary legal strategy to avoid this consequence is to secure an acquittal at trial or negotiate a plea to a lesser, non-registerable offense. An experienced attorney can assess the feasibility of this based on the evidence.
What should I do if I am under investigation?
Do not speak to law enforcement or child protective services without an attorney present. Immediately seek a legal consultation. Anything you say can be used against you. An attorney can advise you on your rights and may be able to intervene before formal charges are filed.
What are common defenses to this charge?
Common defenses include lack of lascivious intent, mistaken identity, false allegations, challenging the defendant’s legal status as a “custodian,” and violations of constitutional rights during the investigation (like illegal search). Each defense is highly fact-specific and requires a thorough investigation.
Related Legal Help: If you are facing related charges, you may need a Virginia Sex Crimes Lawyer. For charges in a specific area, see our page for a Fairfax County Sex Crimes Lawyer. Those facing other serious allegations may require a Virginia Criminal Defense Lawyer.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.