Taking Indecent Liberties with a Child by Custodian lawyer Augusta County, VA
If you are being investigated or have been charged with taking indecent liberties with a child by a custodian in Augusta County, the situation is serious. A conviction under Virginia law carries the potential for substantial prison time and mandatory lifetime registration on the Virginia Sex Offender Registry. The consequences extend well beyond any term of confinement and can permanently affect where you may live, the work you may do, and your standing in the community. Law Offices Of SRIS, P.C., practicing since 1997, represents individuals facing these severe allegations. Mr. Sris, a former prosecutor, and the firm’s Of Counsel team bring over 120 years of combined legal experience—and have achieved 4,739+ documented firm-wide results—to each matter they handle in Augusta County courts—from the initial investigation through trial and, if necessary, appeal. Results may vary. Reach our firm at (888) 437-7747 to schedule a consultation about your case. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Taking Indecent Liberties with a Child by Custodian Means in Augusta County
In Virginia, the offense of taking indecent liberties with a child by a custodian is charged under Va. Code § 18.2-370. The statute makes it a felony for a person eighteen or older who stands in a custodial or supervisory relationship to a child under fifteen to knowingly and intentionally commit an act with lascivious intent that constitutes an indecent liberty. The custodian relationship can arise from a parent, step-parent, guardian, teacher, coach, childcare provider, or any adult entrusted with the care of the child. Unlike an ordinary indecent liberties charge, the custodian enhancement underscores the breach of trust and the vulnerability of the child.
For an Augusta County defendant, the path of a case typically begins with an arrest or a criminal complaint investigated by the Augusta County Sheriff’s Office. A preliminary hearing is held in the Augusta County General District Court, located at 6 East Johnson Street, 2nd Floor, Staunton, Virginia. If the court finds probable cause, the case is certified to the Augusta County Circuit Court for trial. The Circuit Court—which sits in the same building—has jurisdiction over all felony matters, including indictments for custodial indecent liberties. Proceedings in this rural jurisdiction often draw community attention, which can add pressure to the defense. Because a conviction triggers the sex offender registry, the stakes are life-altering, and every stage of the prosecution demands careful preparation.
Under Virginia law, taking indecent liberties with a child by a custodian is a Class 5 felony, punishable by a term of imprisonment of not less than one year nor more than ten years, or at the discretion of the jury, confinement in jail for not more than twelve months, and a fine of not more than $2,500; a conviction also requires lifetime registration on the Virginia Sex Offender Registry.
Source: Va. Code § 18.2-370. Virginia Code Title 18.2, Chapter 8, § 18.2-370
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and the Firm’s Of Counsel Handle Taking Indecent Liberties with a Child by Custodian Cases
Mr. Sris and the firm’s Of Counsel take a methodical approach to defending custodial indecent liberties charges. The defense starts by examining the prosecution’s evidence: the statements made by the child and any other witnesses, the circumstances in which those statements were obtained, forensic interviews, and any physical or digital evidence the Commonwealth intends to offer. Early engagement with the Augusta County Commonwealth’s Attorney can sometimes identify weaknesses in the state’s case that lead to a charge being reduced or dismissed before trial.
Because Mr. Sris is a former prosecutor, he and the firm’s Of Counsel understand how the other side builds a case. That background is applied at every phase—from challenging the legal sufficiency of the allegations to cross-examining the Commonwealth’s witnesses at a preliminary hearing in the General District Court or at a jury trial in the Circuit Court. When a trial is necessary, the defense may involve Experienced professional testimony regarding interview techniques, forensic psychology, or digital evidence. The goal throughout is to protect the client’s rights, ensure that the evidence is properly tested, and work toward the trusted achievable outcome under the facts of the case. Results may vary.
About Mr. Sris and the Firm’s Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His experience as a former prosecutor gives him insight into how criminal charges are built and presented in court. Mr. Sris also testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He leads a team of Of Counsel attorneys who collectively bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results to matters throughout Virginia, including Augusta County. Results may vary. The firm’s Shenandoah/Woodstock location at 505 N Main Street, Suite 103, Woodstock, Virginia, serves clients appearing at the Augusta County courts.
Frequently Asked Questions
What is the penalty for taking indecent liberties with a child by custodian under Virginia law?
A conviction for taking indecent liberties with a child by a custodian is a Class 5 felony in Virginia, carrying a possible prison sentence of one to ten years or up to twelve months in jail at the jury’s discretion, plus a fine of up to $2,500. Beyond the criminal sentence, a conviction requires mandatory lifetime registration on the Virginia Sex Offender Registry under Va. Code § 9.1-901. The registry publicly discloses your name, photograph, address, and offense, and it imposes restrictions on where you may live and work. Because the collateral consequences are so severe, the defense focuses on challenging the evidence and, when possible, pursuing a resolution that does not trigger registration. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What must the Commonwealth prove in a custodial indecent liberties case?
To convict you of taking indecent liberties with a child by a custodian, the prosecution must prove beyond a reasonable doubt that you were at least eighteen years old, that you stood in a custodial or supervisory relationship to a child under fifteen, and that you knowingly committed an act with a lascivious intent toward that child. The alleged act does not have to involve physical touching; exposure or other deliberate conduct can satisfy the statute. The custodian relationship is key—it elevates the charge because the law treats a breach of trust more severely. A defense often examines whether the custodial relationship actually existed at the time of the alleged conduct, whether the child’s age is accurately documented, and whether the alleged act meets the statutory definition of an indecent liberty. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What should I do if I am under investigation or have been charged in Augusta County?
If law enforcement contacts you about an allegation of taking indecent liberties with a child by a custodian, you should immediately assert your right to remain silent and request the opportunity to speak with a lawyer. Do not discuss the facts with the police, the child’s family, or anyone else—anything you say can be used against you. Preserve any relevant documents, messages, or photographs, but do not attempt to destroy anything. Contact an attorney as soon as possible. Early legal intervention can shape the course of the investigation, help you avoid making mistakes that could harm your defense, and open the possibility of resolving the matter through negotiation rather than trial. For a consultation, reach Mr. Sris and the firm’s Of Counsel at (888) 437-7747.
How can a lawyer defend against these charges?
An experienced attorney defends a custodial indecent liberties charge by examining the credibility of the accuser, the reliability of the investigation, the constitutionality of any searches or interrogations, and the sufficiency of the evidence under the statute. The defense may challenge whether the child’s statements were influenced or coached, whether the forensic interview followed proper protocols, and whether any digital evidence was lawfully obtained. In some cases, medical or psychological evidence may be used to show that no abuse occurred or that the allegations are inconsistent with physical findings. Negotiation with the Commonwealth’s Attorney can also lead to a charge reduction if the evidence is weak. Every case is unique, and the strategy is tailored to the specific facts of your situation.
Is sex offender registration required if I am convicted?
Yes, a conviction for taking indecent liberties with a child by a custodian under Va. Code § 18.2-370 carries mandatory lifetime registration on the Virginia Sex Offender Registry. Registration requires you to report your address, employment, and vehicle information to law enforcement, and failure to register is a separate felony offense. Registered individuals face residency and employment restrictions, and their information is publicly available online. Because the registry consequences are so severe, one of the primary goals of the defense is to avoid a conviction that triggers registration. When the evidence permits, negotiating a plea to a non-registerable offense—or achieving an acquittal—can preserve your ability to live and work without these restrictions. Results may vary.
Why should I consider Law Offices Of SRIS, P.C. for my defense?
Law Offices Of SRIS, P.C. has represented clients in Augusta County courts since 1997, and the firm’s lawyers draw on over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. Mr. Sris, a former prosecutor, and the firm’s Of Counsel team understand how sex crime investigations are conducted and how the Commonwealth prepares a case for trial. The firm has documented 13 case results in Augusta County across all practice areas, with favorable outcomes in all reported instances. The firm’s Shenandoah/Woodstock location is readily accessible to clients in Staunton, Waynesboro, Fishersville, and throughout the county. For a consultation about your case, call (888) 437-7747.
Related pages:
Sex Crimes lawyer in Clarke County, VA |
Sex Crimes lawyer in Shenandoah County, VA |
Sex Crimes lawyer in Frederick County, VA |
Sex Crimes lawyer in Rockingham County, VA
Official resources:
Virginia Code § 18.2-370 |
Augusta County Circuit Court |
Virginia Sex Offender Registry
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.
Where a matter falls outside Augusta County, our statewide page on taking indecent liberties with a child by custodian in Virginia applies.