Taking Indecent Liberties with a Child by Custodian lawyer Fairfax, VA
Facing a charge under Va. Code § 18.2-370 — taking indecent liberties with a child by a custodian — is a serious matter in Fairfax County, Virginia. The offense is classified as a Class 6 felony, punishable by one to five years of imprisonment, and carries mandatory sex offender registration upon conviction. Fairfax County prosecutes these cases actively, often relying on forensic evidence and testimony. Whether your matter is before the Fairfax County General District Court for a preliminary hearing or the Fairfax County Circuit Court for trial, retaining experienced defense counsel early is important. Law Offices Of SRIS, P.C., founded in 1997, concentrates part of its practice on sex crime defense. Mr. Sris and his Of Counsel team bring extensive combined legal experience to these sensitive charges. Reach the firm at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Taking indecent liberties with a child by a custodian is a Class 6 felony under Va. Code § 18.2-370, punishable by one to five years of imprisonment.
Source: Va. Code § 18.2-370. Virginia Code § 18.2-370
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
On This Page
ToggleWhat Taking Indecent Liberties with a Child by Custodian Means in Fairfax, VA
In Fairfax County, a charge of taking indecent liberties with a child by custodian arises when a person 18 years of age or older, who has a custodial or supervisory relationship over a child under 15, knowingly and intentionally engages in conduct prohibited by Va. Code § 18.2-370. The statute does not require physical contact in every scenario; certain acts or exposure can satisfy the elements of the offense. The charge is distinct from the broader indecent liberties charge because the alleged offender’s relationship to the child — such as parent, stepparent, guardian, teacher, or coach — elevates the severity and public scrutiny. Fairfax County Commonwealth’s Attorney’s Office typically pursues these cases with significant resources, often involving forensic interviews and digital evidence analysis. Conviction carries not only incarceration but lifetime sex offender registration under Va. Code § 9.1-901.
Cases in Fairfax County proceed through the Nineteenth Judicial District. Preliminary hearings are held at the Fairfax County General District Court, located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030. If the court finds probable cause, the matter is certified to the Fairfax County Circuit Court for trial. Mr. Sris and his Of Counsel are familiar with the local procedures, evidentiary standards, and prosecutorial approach in both courts. The timeline for a sex crime case varies depending on the complexity of forensic evidence, court scheduling, and pretrial motion practice. Because the consequences of a conviction extend beyond any sentence to community notification and ongoing supervision requirements, building a thorough defense from the outset is critical.
How Mr. Sris and His Of Counsel Handle Taking Indecent Liberties with a Child by Custodian Cases
Defending against a § 18.2-370 charge requires careful evaluation of the evidence, the circumstances surrounding the alleged conduct, and the procedural history. Mr. Sris, a former prosecutor, understands how the Commonwealth builds its case. He and his Of Counsel examine every stage — from the initial police investigation to the forensic interview protocols and the handling of digital evidence. They seek to identify procedural weaknesses, challenge the reliability of statements, and explore whether the custodial relationship alleged meets the statutory definition. In appropriate cases, discussions with the prosecutor may result in a charge reduction that avoids a sex-offender-registry trigger, though past results do not guarantee a similar outcome.
At a preliminary hearing in the Fairfax County General District Court, the defense may test the sufficiency of the Commonwealth’s evidence. If the case moves to the Fairfax County Circuit Court, the legal team prepares for trial with the possibility of challenging the admissibility of certain evidence through pretrial motions. Mr. Sris and his Of Counsel also explore whether mitigation evidence — such as the accused’s background, lack of prior history, and the specific facts of the case — may influence the court or the prosecution. While each case is unique, the firm’s approach is to work toward a favorable resolution while protecting the client’s rights at every stage. Results may vary.
Most felony sex offense convictions in Virginia require lifetime registration under Va. Code § 9.1-901.
Source: Va. Code § 9.1-901. Virginia Sex Offender and Crimes Against Minors Registry Act
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His experience includes handling complex criminal defense matters, and he concentrates part of his practice on sex crime defense. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris leads the defense strategy in custodian-based indecent liberties cases, drawing on his knowledge of how prosecution cases are constructed.
Mr. Sris’s Of Counsel bring additional courtroom experience and familiarity with Virginia criminal procedure. All are independent attorneys Of Counsel to the firm. Together, the team provides clients with thorough representation in Fairfax County courts. They have documented case results across all practice areas since 1997. In Fairfax County alone, the firm has handled 103 sex crime cases with many dismissed or reduced charges. Results may vary. To discuss your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Frequently Asked Questions
What should I do if I am facing taking indecent liberties with a child by custodian charges in Virginia?
If you are facing a charge under Va. Code § 18.2-370, contact an experienced criminal defense attorney immediately and refrain from discussing the case with anyone except your lawyer. Do not speak with law enforcement, child protective services, or any other party without counsel present. Your attorney can assess the evidence, advise you on the procedural posture of the case, and begin developing a defense strategy. Because the stakes include incarceration, sex offender registration, and long-term collateral consequences, early involvement of counsel is important. Schedule a consultation with Law Offices Of SRIS, P.C. at (888) 437-7747.
How does a Virginia lawyer defend against taking indecent liberties with a child by custodian charges?
Defense strategies in a § 18.2-370 case may include challenging the sufficiency of the evidence, questioning the custodial relationship alleged, and examining the reliability of forensic interviews and digital forensics. An experienced attorney will also scrutinize whether law enforcement followed proper procedures during the investigation and may file motions to suppress evidence obtained in violation of the defendant’s rights. In negotiations, counsel may explore the possibility of a charge amendment that avoids mandatory sex offender registration. The specific approach depends on the facts of the case and the quality of the Commonwealth’s evidence. Mr. Sris and his Of Counsel evaluate each matter individually to build the strong $1.
What is the penalty for taking indecent liberties with a child by custodian in Fairfax County, Virginia?
Under Va. Code § 18.2-370, taking indecent liberties with a child by a custodian is a Class 6 felony, punishable by imprisonment of one to five years. In addition to incarceration, a conviction mandates lifetime registration on the Virginia Sex Offender Registry pursuant to Va. Code § 9.1-901. This registration requires periodic reporting of address, employment, and vehicle information to law enforcement, and failure to register is a separate felony offense. The long-term effects of a conviction include restrictions on housing, employment, and child contact. Because of these severe consequences, building a thorough defense is essential. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I have to register as a sex offender if convicted of taking indecent liberties with a child by custodian?
Yes, a conviction for taking indecent liberties with a child by a custodian under Va. Code § 18.2-370 generally triggers mandatory lifetime registration under the Virginia Sex Offender and Crimes Against Minors Registry Act, Va. Code § 9.1-901. You will be required to register with the Virginia State Police upon conviction, provide personal identifying information, and update your registration periodically. The requirements may include reporting any change of address, employment, or vehicle, and the information may be publicly accessible. Because the registration requirement is one of the most serious collateral consequences, defense strategy often focuses on avoiding a registry-triggering conviction. Contact Law Offices Of SRIS, P.C. to discuss the specifics of your case.
How long does a taking indecent liberties with a child by custodian case take in Fairfax County, Virginia?
The timeline for a case under Va. Code § 18.2-370 varies based on the complexity of forensic evidence, court scheduling, and procedural motions. Typically, a preliminary hearing in the Fairfax County General District Court occurs within weeks of arrest. If the matter is certified to the Fairfax County Circuit Court, the pretrial phase and trial scheduling can extend over several months. Cases involving the analysis of digital devices, DNA, or extensive forensic interviews may take longer. While the court’s calendar ultimately governs the pace, a proactive defense can help move the case forward efficiently. To discuss the details of your matter, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Where can I find a taking indecent liberties with a child by custodian defense lawyer near Fairfax, VA?
Law Offices Of SRIS, P.C. provides criminal defense representation for § 18.2-370 charges from its Fairfax Location, serving clients throughout Fairfax County and Fairfax City. The Fairfax Location is at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment only. Mr. Sris, Owner and Founder, is a former prosecutor who concentrates part of his practice on sex crime defense. He and his Of Counsel appear regularly in the Fairfax County General District Court and Fairfax County Circuit Court. To schedule a consultation, call (888) 437-7747. Se habla Español.
Related practice areas:
Falls Church sex crimes defense attorney ·
Prince William County sex crimes lawyer ·
Manassas sex crimes defense lawyer
Primary sources:
Virginia Code § 18.2-370 ·
Fairfax County Circuit Court
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. 4008 Williamsburg Court, Fairfax, VA 22032. By appointment only. Call (888) 437-7747.
Case results depend on a variety of factors unique to each case.