Taking Indecent Liberties with a Child by Custodian lawyer Chesapeake, VA
A charge of taking indecent liberties with a child by a custodian brings immediate, serious consequences in Chesapeake, Virginia. These cases involve allegations that a person in a position of trust engaged in impermissible conduct with a minor under the age of fifteen. Virginia law treats this offense as a felony with mandatory sex offender registration upon conviction. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel concentrate their practice on defending individuals against sex crime accusations, drawing on over twenty-five years of experience with the Virginia criminal justice system. Mr. Sris, a former prosecutor, understands how the Commonwealth’s attorney builds a case and what strategies can be effective in response. Our firm serves clients throughout Chesapeake, including the neighborhoods of Deep Creek, Great Bridge, and Greenbrier. To discuss your situation and explore how we may assist, reach our Richmond location at (888) 437-7747 for a consultation by appointment. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Taking Indecent Liberties with a Child by Custodian Means in Chesapeake
Under Virginia law, Va. Code § 18.2-370 addresses the offense of taking indecent liberties with a child. When the accused person stands in a custodial relationship to the child—such as a parent, guardian, teacher, or other caretaker—the charge carries particularly severe implications because it involves an alleged abuse of trust. The statute applies to any person eighteen or older who knowingly and intentionally takes indecent liberties with a child under fifteen years of age, provided the two are not lawfully married. In the context of a custodial relationship, the prosecution must prove that the defendant occupied a position of responsibility over the child and that certain prohibited conduct occurred.
The following AVC summarizes the current penalty range under the statute.
Taking indecent liberties with a child by a custodian is a Class 5 felony under Va. Code § 18.2-370, punishable by imprisonment of not less than one year nor more than ten years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months.
Source: Va. Code § 18.2-370. Virginia Code § 18.2-370
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
A conviction for taking indecent liberties with a child requires lifetime registration with the Virginia Sex Offender and Crimes Against Minors Registry under Va. Code § 9.1-901.
Source: Va. Code § 9.1-901. Virginia Code § 9.1-901
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Beyond incarceration, the collateral consequences of a sex offense conviction are substantial. A person required to register must report their address, employment, and vehicle information to law enforcement, and the registry is publicly accessible. Failure to register is itself a separate felony. Charges of this nature also carry social and professional stigma that can affect employment, housing, and family relationships.
In Chesapeake, felony sex crime cases begin with an initial appearance and preliminary hearing in the Chesapeake General District Court, located at 307 Albemarle Drive. If a judge finds probable cause, the matter proceeds to the Chesapeake Circuit Court for trial. The Commonwealth’s Attorney for the city prosecutes these cases, and the court considers factors such as the nature of the allegations, forensic evidence, and the availability of witnesses when scheduling hearings. Bond decisions in cases involving custodial indecent liberties are often restrictive given the seriousness of the charge. A period of pretrial detention is common while the defense prepares its case.
How Mr. Sris and the Firm’s Of Counsel Handle These Cases
When a client contacts Law Offices Of SRIS, P.C. about a custodian-based indecent liberties charge, the first step is a thorough, confidential discussion of the facts. Mr. Sris and the firm’s Of Counsel evaluate every aspect of the allegation, including the nature of the relationship between the accused and the child, the timeline of events, and any statements made to law enforcement or child protective services. Because Mr. Sris is a former prosecutor, he possesses firsthand insight into how the government assembles a case and where procedural vulnerabilities or evidentiary weaknesses may exist.
The defense team then undertakes a careful review of the discovery materials. In cases involving allegations of indecent liberties, the prosecution may rely on forensic interviews of the child, digital evidence such as text messages or images, and testimony from family members or other witnesses. Our Of Counsel, including attorneys with decades of trial experience, examine these materials for inconsistencies, constitutional search-and-seizure issues, and reliability challenges. Where appropriate, we consult with forensic Experienced professionals who can assess whether the evidence supports the government’s theory.
The goal in every case is to work toward the trusted achievable result under the circumstances. That may mean negotiating a plea to a reduced charge that does not trigger lifetime sex offender registration, moving to suppress unlawfully obtained evidence, or presenting a full defense at trial. Every decision is made in close consultation with the client. Because each case is unique, we do not provide outcome guarantees; we do describe the likely procedural path and the options available at each stage.
About Mr. Sris and the Firm’s Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since establishing the firm in 1997. He is a former prosecutor who now devotes his practice to defending individuals against serious felony charges, including sex offenses. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Mr. Sris and the firm’s Of Counsel team bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary. Every attorney working on these matters is designated Of Counsel and is. Our firm maintains a Richmond location that serves clients in Chesapeake and throughout Virginia’s First Judicial District. Contact us to request a consultation by appointment at (888) 437-7747.
Frequently Asked Questions
What are the penalties for taking indecent liberties with a child by a custodian in Virginia?
Taking indecent liberties with a child by a custodian is a Class 5 felony under Va. Code § 18.2-370, carrying one to ten years in prison or, at the jury’s discretion, up to twelve months in jail, plus mandatory lifetime sex offender registration. The court may also impose fines and post-release supervision. Because the offense involves a position of trust, prosecutors often pursue the maximum sentence. The sex offender registry requirement under Va. Code § 9.1-901 means that anyone convicted must report personal information to law enforcement for life, and failure to do so is a separate felony.
Does a conviction for taking indecent liberties with a child always require sex offender registration?
Yes, a conviction under Va. Code § 18.2-370 triggers mandatory lifetime registration with the Virginia Sex Offender and Crimes Against Minors Registry. The registration obligation begins upon release from incarceration or at the time of conviction if no incarceration is imposed. Registered individuals must update their information within three days of any change. In some cases, a negotiated reduction to a non-registrable offense can be a critical goal of the defense strategy, though past results do not guarantee a similar outcome.
How do defense attorneys challenge custodian indecent liberties charges in Chesapeake?
Defense counsel examines the sufficiency of the evidence, the custody element, and the reliability of any forensic interviews. The prosecution must prove both the custodian relationship and the indecent liberties beyond a reasonable doubt. Challenges may include credibility assessments, inconsistencies in witness statements, constitutional violations relating to searches or interrogations, and the proper interpretation of digital evidence. Each case is unique, and the approach depends on the specific facts.
What should I do if I am being investigated for indecent liberties with a child in Chesapeake?
Immediately retain experienced legal counsel and decline to make any statement to law enforcement or child protective services until you have consulted with your attorney. Anything you say can be used against you. Preserve all relevant documents and electronic data, but do not delete or alter anything, as this could result in obstruction charges. Contact a criminal defense lawyer at (888) 437-7747 to arrange a confidential consultation. Early intervention can be crucial.
Can the charges be reduced or dismissed?
A reduction or dismissal may be possible depending on the evidence and the defense investigation. In some cases, procedural defects, witness recantations, or insufficient proof lead to a nolle prosequi (dismissal). In other matters, a plea to a lesser offense that avoids sex offender registration may be the most favorable realistic outcome. Every case is evaluated on its own merits, and the defense team works to obtain the trusted resolution under the circumstances. Results may vary.
How does the Chesapeake court process work for these felonies?
The process begins with a preliminary hearing in the Chesapeake General District Court, where a judge decides whether probable cause exists to send the case to the grand jury. If the case is certified, it moves to the Chesapeake Circuit Court for trial. The timeline varies depending on the complexity of the evidence, court scheduling, and whether pretrial motions are filed. Both courts are located at 307 Albemarle Drive. Defendants typically attend all hearings and should be prepared for a legal process that may span several months.
Virginia primary legal sources: Va. Code § 18.2-370 | Chesapeake Circuit Court | Virginia State Bar lawyer search
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Case results depend on a variety of factors unique to each case.
Continue with our statewide overview of taking indecent liberties with a child by custodian in Virginia.