Indecent Liberties With Minor

Key Takeaways: Facing an Indecent Liberties Charge in Virginia

  • Class 6 Felony: A conviction for Indecent Liberties with a Minor under Virginia Code § 18.2-370.1 is a serious felony, carrying potential prison time and a permanent criminal record.
  • “Lascivious Intent” is Crucial: The prosecution must prove beyond a reasonable doubt that the accused acted with “lascivious intent,” which is a lustful or immoral purpose. This intent is often the central point of contention in a case.
  • Mandatory Sex Offender Registration: A conviction results in a mandatory requirement to register as a sex offender in Virginia, a consequence with lifelong personal and professional ramifications.
  • Dual Investigations are Common: Expect parallel investigations from both law enforcement (police/sheriff) and Child Protective Services (CPS). These investigations have different goals but can share information, creating a complex legal situation.
  • The Accusation is the Start, Not the End: These cases are often built on testimony rather than physical evidence. The credibility of the accuser and the context of the alleged incident are paramount in building a strong defense.

Navigating the Perils of an Indecent Liberties Charge in Virginia: A Veteran Attorney’s Perspective

As an attorney who has practiced in the Commonwealth of Virginia for more than two decades, I have seen few accusations as devastating as Indecent Liberties with a Minor. The mere allegation can shatter a person’s reputation, tear families apart, and threaten their freedom long before a trial ever begins. This is not a charge to be taken lightly; it is a legal firestorm that requires a steady, experienced hand to navigate. This charge, codified under Virginia Code § 18.2-370.1, is one of the most serious offenses in the Commonwealth’s criminal code outside of homicide, not just for the potential prison sentence, but for the lifelong consequences that follow a conviction.

My purpose here is not to frighten, but to inform. Over the years, I’ve represented individuals from all walks of life who have found themselves caught in this nightmare. They are often good people—fathers, uncles, teachers, coaches—who are blindsided by an accusation stemming from a misunderstanding, a moment of poor judgment, or, in some tragic cases, a malicious falsehood. Understanding the law, the process, and the potential defense strategies is the first and most critical step in protecting your rights and your future. We will delve into what the charge actually means, the severe stakes involved, the complex legal maze you must navigate, and the common, devastating mistakes I have seen people make time and again.

Penalties and Stakes: The Full Weight of a Conviction

A charge of Indecent Liberties with a Minor in Virginia is classified as a Class 6 felony. This carries severe penalties including potential prison time, substantial fines, and the lifelong burden of sex offender registration. Understanding these consequences is essential to appreciating the gravity of the situation and the critical need for a sound legal strategy from the very beginning.

When my clients first sit in my office, their primary concern is often the potential for incarceration. And rightly so. Under Virginia law, a Class 6 felony is punishable by a term of imprisonment of not less than one year nor more than five years. Alternatively, at the discretion of the jury or the court trying the case without a jury, it can be punished as a Class 1 misdemeanor, which involves confinement in jail for not more than twelve months and/or a fine of not more than $2,500. While the possibility of a misdemeanor outcome exists, one should never assume it. The Commonwealth’s Attorney’s office prosecutes these cases vigorously.

However, in my experience, the consequence that has the most far-reaching and destructive impact on a person’s life is the mandatory sex offender registration. A conviction under Virginia Code § 18.2-370.1 requires lifetime registration on Virginia’s Sex Offender and Crimes Against Minors Registry. This isn’t just a one-time event; it is a permanent shadow that follows you. It involves:

  • Public Information: Your name, address, photograph, and conviction information become publicly available online. Anyone can look you up.
  • Restrictions on Living and Working: Registered individuals often face restrictions on where they can live (e.g., not near schools or parks) and are barred from many types of employment, especially any work involving children.
  • Constant Reporting: You must regularly report in-person to law enforcement to update your information. Failure to comply is a separate felony offense.
  • Social Stigma: The label of “sex offender” carries an immense social stigma that can destroy personal relationships, community standing, and future opportunities.

Beyond these primary penalties, a felony conviction has other collateral consequences. You will lose your right to vote, your right to possess a firearm, and may face challenges with professional licensing, housing applications, and even obtaining credit. The stakes are not just about a few years of your life; they are about the entire trajectory of your future. This is why a passive approach is not an option.

The Legal Labyrinth: From Accusation to Trial

The legal process for an indecent liberties charge is a multi-stage marathon, not a sprint. It typically begins with an investigation by law enforcement and Child Protective Services (CPS), progresses through the lower courts like the Juvenile and Domestic Relations District Court for preliminary matters, and culminates in a potential felony trial in the Circuit Court, prosecuted by the Commonwealth’s Attorney.

Understanding this roadmap is vital. It allows you to anticipate what’s next and prepare accordingly. While every case is unique, the path generally follows a predictable, though daunting, sequence.

Step 1: The Investigation Phase

It often starts with a phone call. A detective or a social worker from Child Protective Services (CPS), a division of the local Department of Social Services, will contact you. They will say they need to “ask a few questions” or “hear your side of the story.” This is a critical juncture. Law enforcement’s goal is to gather evidence for a criminal prosecution. CPS’s goal is to assess the child’s safety, but their findings can and will be shared with the police. Anything you say can be used against you. This is the point where retaining legal counsel is not a luxury, but a necessity.

Step 2: Arrest and Arraignment

If the police and the Commonwealth’s Attorney’s Office believe they have probable cause, a warrant will be issued for your arrest. After being arrested and processed, you will have an arraignment. This is your first court appearance where you are formally told of the charges against you and asked to enter a plea (which should almost always be “not guilty” at this stage). The judge will also address the issue of bond, determining whether you can be released from custody while the case is pending.

Step 3: The Preliminary Hearing

Because this is a felony charge, your case will likely have a preliminary hearing, often held in the Juvenile and Domestic Relations District Court (JDR Court) since the alleged victim is a minor. At this hearing, the prosecutor must present enough evidence to show the judge that there is probable cause to believe a crime was committed and that you committed it. This is a lower standard of proof than “beyond a reasonable doubt.” It’s an important opportunity for your defense attorney to hear the prosecution’s evidence, cross-examine the accuser, and get a first look at the strength (or weakness) of the Commonwealth’s case.

Step 4: Grand Jury and Indictment

If the judge finds probable cause at the preliminary hearing, the case is “certified” to the Circuit Court. The Commonwealth’s Attorney will then present the case to a grand jury. This is a secret proceeding where only the prosecutor and their witnesses present evidence. The grand jury’s role is simply to decide if there is enough evidence to issue a formal indictment and proceed to trial. It is not an adversarial hearing.

Step 5: The Circuit Court Trial

This is the final stage where your guilt or innocence is decided. You have the right to a trial by a jury of your peers or a bench trial (where the judge decides the verdict). The prosecutor must prove every element of the offense, including the crucial “lascivious intent,” beyond a reasonable doubt. Your attorney will present your defense, challenge the prosecution’s evidence, cross-examine witnesses, and argue on your behalf. A conviction at this stage leads to sentencing, where the harsh penalties we’ve discussed are imposed.

The SRIS Indecent Liberties Defense Preparation Guide

When an accusation is made, the world can feel like it’s spinning out of control. Taking immediate, methodical action is the best way to regain a sense of agency and lay the groundwork for a strong defense. In my decades of practice, I have developed a system for my clients to help them organize the chaos. This guide is a simplified version of that process. It is not legal advice, but a practical framework to use in conjunction with your attorney.

Step 1: Cease All Communication Immediately

Your first action is inaction. Stop all communication with the accuser and their family. Do not call, text, email, or use social media to reach out. Do not try to “explain” or “apologize for the misunderstanding.” These attempts are almost always misinterpreted as admissions of guilt or attempts to intimidate a witness. Let your attorney be your sole point of contact.

Step 2: Invoke Your Right to Remain Silent

If contacted by police, detectives, or CPS, state clearly and politely: “I am exercising my right to remain silent, and I will not answer any questions without my attorney present.” Repeat this as necessary. Do not be baited into a “friendly chat.” Their job is to build a case against you.

Step 3: Create a Detailed Timeline

On your own or with your attorney, create a meticulous timeline of events.

  • When and where did the alleged incident(s) occur?
  • Who was present?
  • What was the context? (e.g., family gathering, babysitting, etc.)
  • Document your own whereabouts and activities during the alleged times. Use calendars, receipts, and GPS data if available.

Step 4: Preserve All Potential Evidence

Do not delete anything. Preserve all text messages, emails, photos, videos, and social media posts that could be relevant, even if you think they are harmful. This includes communications with the accuser, their parents, or anyone else involved. Providing all information to your attorney allows them to understand the full picture and anticipate the prosecution’s moves.

Step 5: Identify Potential Witnesses

Make a list of anyone who might have knowledge about:

  • The context of your relationship with the minor.
  • The specific events in question.
  • The accuser’s character or potential motives for fabricating a story (e.g., a bitter custody battle, peer pressure, etc.).
  • Your own character and reputation.

Do not contact these witnesses yourself. Provide this list to your attorney, who will determine how and when to approach them.

Step 6: Maintain a Confidential Case Journal

Keep a private journal detailing every interaction related to the case. Note dates, times, and summaries of conversations with your legal team. Document your own recollections of events as you remember them. This is for your and your attorney’s eyes only and can be an invaluable resource as the case progresses over months or even years.

Forging a Defense: Legal Strategies and Approaches

A successful defense against an indecent liberties charge is rarely about a single “gotcha” moment. It’s about meticulously dismantling the prosecution’s case piece by piece, challenging the evidence, questioning credibility, and raising reasonable doubt. Every case is fact-dependent, but effective strategies often revolve around several core pillars.

In my experience, the Commonwealth’s case in these matters often hinges on the testimony of a single child witness. While a child’s testimony can be powerful, it can also be susceptible to influence, misinterpretation, and, unfortunately, fabrication. A robust defense must be prepared to challenge this testimony respectfully but firmly, while simultaneously building an affirmative case for your innocence.

Challenging “Lascivious Intent”

This is the bedrock of many defenses. As defined in Virginia Code § 18.2-370.1, the act must be committed “with the intent of gratifying the sexual desires of such person or of the child.” The Commonwealth must prove this specific, immoral intent. A defense can argue that the contact, if it occurred at all, was accidental, a normal part of caregiving or play, or completely innocent in nature. For example, roughhousing, tickling, or helping a child bathe can be twisted by an accuser. We work to establish the true, non-sexual context of the interaction.

Attacking the Credibility of the Accusation

This is a delicate but necessary strategy. It’s not about attacking the child, but about scrutinizing the source and reliability of the allegation. We investigate potential motives for a false accusation, which I have seen arise from:

  • Custody Battles: A parent may coach or manipulate a child to make an accusation to gain an advantage in a divorce or custody dispute.
  • Influence from Others: A child may be influenced by suggestive questioning from an angry parent, a therapist, or even an investigator.
  • Misunderstanding or Fantasy: Young children can misinterpret innocent actions or have difficulty distinguishing between reality and fantasy.
  • Peer Pressure or Revenge: Teenagers may make false allegations for a variety of complex social reasons.

By exposing these potential influences through cross-examination and presentation of evidence, we can create significant reasonable doubt about the truthfulness of the claim.

Highlighting Lack of Corroborating Evidence

Many indecent liberties cases have no physical evidence—no DNA, no injuries, no photos. The case is purely one person’s word against another’s. We emphasize this lack of corroboration to the jury. The absence of any supporting evidence, medical or otherwise, can significantly weaken the prosecution’s case and reinforce the possibility that the accusation is unfounded.

Procedural and Constitutional Defenses

Sometimes the strongest defense lies in the mistakes made by law enforcement. Did they conduct an illegal search? Did they fail to read you your Miranda rights before a custodial interrogation? Were the interviews with the child conducted in a leading or suggestive manner? A seasoned attorney will scrutinize every step of the investigation for procedural errors or constitutional violations that could lead to the suppression of evidence or even the dismissal of the charges.

Common Mistakes That Can Destroy Your Case

In the panic and fear following an accusation, it’s easy to make critical errors. I have seen these mistakes torpedo an otherwise defensible case. Avoiding them is paramount.

  1. Talking to the Police Without a Lawyer: This is the single most damaging mistake. You cannot talk your way out of it. Detectives are trained to elicit incriminating statements. Even if you are innocent, your words can be twisted and used against you. Politely decline to speak and call an attorney immediately.
  2. Contacting the Accuser or Their Family: This is often perceived as witness tampering or intimidation, which is a separate and serious crime. It can also be seen as an admission of guilt. No matter how much you want to “clear the air,” you must not make contact.
  3. Deleting Emails, Texts, or Social Media: In a panic, some people delete communications, thinking it will help. This is destruction of evidence. It looks incredibly guilty to a jury and can result in additional criminal charges. Preserve everything for your attorney.
  4. Underestimating the CPS Investigation: Many people treat the Child Protective Services investigation as less serious than the police investigation. This is a grave error. CPS has significant power, and their findings are often shared directly with the prosecutor. You need legal representation for any interaction with CPS.
  5. Waiting Too Long to Hire a Knowledgeable Attorney: The most critical phase of your defense is the very beginning. Evidence disappears, memories fade, and mistakes are made. The longer you wait to engage a seasoned criminal defense attorney, the more difficult it becomes to build the strongest possible case.

Glossary of Key Legal Terms

Lascivious Intent
A specific mindset required for an indecent liberties conviction in Virginia. It means having a lustful, lewd, or immoral purpose or desire. The prosecution must prove this intent beyond a reasonable doubt.
Preliminary Hearing
A court proceeding, typically in a lower court like the JDR Court, where a judge determines if the prosecution has enough evidence (probable cause) to move the case forward to a grand jury and a potential felony trial.
Grand Jury
A panel of citizens that hears a prosecutor’s evidence in secret to decide if a formal criminal charge (an indictment) should be issued against a person. It is not a trial.
Class 6 Felony
A category of felony in Virginia, punishable by 1 to 5 years in prison, or, at the discretion of the court or jury, up to 12 months in jail and/or a fine.
Commonwealth’s Attorney
The elected public prosecutor in a specific Virginia city or county who is responsible for prosecuting criminal cases on behalf of the state (the “Commonwealth”).
Child Protective Services (CPS)
A state agency (part of the Department of Social Services) responsible for investigating allegations of child abuse and neglect. Their investigation runs parallel to any police investigation and can have a significant impact on a criminal case.
Circuit Court
The highest trial court in Virginia with authority to hear serious criminal cases, including all felonies. This is where a jury trial for an indecent liberties charge would take place.

Common Scenarios and Questions

Scenario 1: The “Divorce Weapon” Accusation

“My ex-wife and I are in a nasty custody battle over our son. Suddenly, she’s accusing me of touching him inappropriately after he spent the weekend with me. I’ve never done anything wrong. What do I do?”

This is a tragically common scenario. The first step is to follow the guide above: cease all contact with your ex-wife about this topic (communicate only through lawyers), do not speak to police without counsel, and begin documenting everything. In a legal context, your attorney will immediately begin investigating the custody dispute as the source of a potential false allegation. We would gather evidence of the acrimonious nature of the divorce, any prior threats she has made, and statements from third parties who can attest to your good character as a parent. The motive behind the accusation is a central part of the defense.

Scenario 2: The “Playful Uncle” Misunderstanding

“I was wrestling and tickling my 10-year-old niece at a family party, just like we always do. A week later, her mother (my sister-in-law) called the police and now a detective wants to talk to me about indecent liberties. How can this be happening?”

This situation highlights the importance of “lascivious intent.” The entire defense would be built around the context of the interaction. Your history of playful, innocent interaction with your niece is crucial. We would identify every family member present at the party who can testify that the behavior was normal, non-sexual, and joyful. The defense would argue that the Commonwealth cannot possibly prove the essential element of lascivious intent because it simply did not exist. The action was play, not a crime.

Scenario 3: The Teenage Texting Accusation

“I was exchanging text messages with a 16-year-old I met online. I thought she was 18. The conversation got flirtatious, and now her parents have found the messages and have gone to the police. Can I be charged?”

Yes, you can be charged. Under Virginia law, indecent liberties can be committed through written or electronic communication if it proposes a sexual act. Your belief about her age may or may not be a defense, depending on the specific facts. The core of this case is the content of the messages. It is absolutely critical not to delete them and to provide them to an attorney immediately. The legal strategy would involve a deep analysis of the conversation to see if it meets the high legal standard for proposing a sexual act with lascivious intent, and to explore all possible defenses related to your knowledge of the minor’s age.

Frequently Asked Questions (FAQ)

1. What exactly does Virginia Code § 18.2-370.1 prohibit?

It prohibits an adult (18 or over) from proposing or committing any lewd or lascivious act, including non-penetrative sexual contact, with a child under the age of 15, with the specific “lascivious intent” to gratify sexual desires.

2. Does the child have to testify in court?

Often, yes. Because these cases frequently lack other evidence, the child’s testimony is central to the prosecution’s case. However, there are special procedures for child witnesses to reduce trauma, and your attorney will have the crucial right to cross-examine the child.

3. Can I be convicted based on just the child’s word?

Legally, yes. The testimony of a single witness, if believed by the jury to be true beyond a reasonable doubt, is sufficient for a conviction in Virginia. This is why challenging the credibility and reliability of that testimony is so critical.

4. What if the contact was over clothing?

It does not matter. The law does not require skin-to-skin contact. Any lewd touching, whether over or under clothing, can qualify as indecent liberties if done with lascivious intent.

5. What’s the difference between Indecent Liberties and Aggravated Sexual Battery?

They are similar but distinct. Aggravated Sexual Battery (VA Code § 18.2-67.3) typically involves the sexual abuse of a child under 13 and focuses more on the act of touching intimate parts for the purpose of sexual gratification. Indecent Liberties (§ 18.2-370.1) can be broader, including proposals for sexual acts, and applies to victims under 15.

6. Will I definitely go to jail if I’m charged?

Not necessarily. An accusation is not a conviction. Many things can happen: the charges could be dropped, a strong defense could lead to a “not guilty” verdict at trial, or a plea agreement to a lesser charge might be negotiated. The outcome depends entirely on the facts of your case and the quality of your legal representation.

7. How long does the sex offender registration last?

For a conviction under this statute, registration is for life. There are very limited and difficult paths to petition for removal after many years, but one should assume it is a permanent consequence.

8. Can CPS take my own children away if I’m accused of this with another child?

Yes. A CPS investigation runs parallel to the criminal case. If CPS determines that you pose a risk to children, they can and will initiate proceedings to remove your own children from your care, at least temporarily. It is a very serious and immediate collateral risk.

9. What if the minor initiated the contact or consented?

In Virginia, a minor under the age of 15 is legally incapable of consenting to a sexual act with an adult. Therefore, the minor’s “consent” or initiation is not a legal defense to this charge.

10. Is there a statute of limitations for indecent liberties?

For felonies in Virginia, there is generally no statute of limitations. This means a person can be charged with this crime many years, or even decades, after the alleged incident occurred.

11. Should I take a polygraph (lie detector) test?

You should never do this without first consulting your attorney. Polygraph results are generally not admissible in Virginia courts, and taking one at the request of the police is simply a tool for them to gain information and admissions. It rarely helps and can often hurt your case.

12. What is the first thing I should do if I am contacted by a detective?

Politely but firmly state, “I am exercising my right to remain silent and I will not speak with you without my attorney present.” Then, stop talking and immediately call a seasoned criminal defense attorney. Do not say anything else.

Facing an accusation of indecent liberties is a profound crisis. The legal road ahead is fraught with challenges that test one’s resolve. At the Law Offices Of SRIS, P.C., we bring decades of focused experience to these sensitive and high-stakes cases. We understand the law, the prosecutors, and the courts throughout Virginia. If you or a loved one is facing this daunting situation, we encourage you to act decisively to protect your rights. Call the Law Offices Of SRIS, P.C. at 888-437-7747 to schedule a confidential case assessment.

Disclaimer: The information contained in this article is for general informational purposes only and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.