Taking Indecent Liberties with a Child by Custodian lawyer Botetourt County, VA

Last reviewed: July 2026

In Virginia, a charge of taking indecent liberties with a child by a custodian under Va. Code § 18.2-370 is a Class 6 felony that can carry one to five years of imprisonment and mandatory lifetime sex offender registration. This statute applies when a person in a custodial or supervisory role—such as a parent, guardian, or teacher—engages in prohibited conduct with a child under their care. Allegations of this nature can immediately disrupt your life, your family, and your standing in the community. Botetourt County prosecutes these cases vigorously, with felony trials heard in the Botetourt County Circuit Court after preliminary proceedings in the General District Court. An experienced criminal defense team can assess the evidence, challenge the prosecution’s case, and work toward a resolution that protects your future. Law Offices Of SRIS, P.C. serves clients in Fincastle, Daleville, Troutville, Blue Ridge, Eagle Rock, and throughout Botetourt County. To request a consultation, call (888) 437-7747.

Defending Against Taking Indecent Liberties with a Child by Custodian Charges in Botetourt County

A charge under Va. Code § 18.2-370 involving a custodian arises when a person responsible for the care of a child is accused of engaging in sexually motivated conduct. The penalties are severe, as the statute treats the violation of trust as an aggravating factor. Conviction can lead not only to a prison term but also to the requirement to register as a sex offender for life under Va. Code § 9.1-901—a consequence that limits where you may live, the jobs you may hold, and your ability to participate in your child’s life.

In Botetourt County, a felony charge of this nature begins with a preliminary hearing in the General District Court, where the judge determines whether there is probable cause to send the case to the Circuit Court. If the case is certified, the Commonwealth’s Attorney proceeds with a grand jury indictment, and the case moves to the Circuit Court for trial. Throughout this process, the prosecution must prove every element of the charge beyond a reasonable doubt. The firm’s defense team, including Mr. Sris—a former prosecutor—and his Of Counsel attorneys, evaluates the evidence for weaknesses, explores possible defenses, and negotiates with the Commonwealth’s Attorney when it is in the client’s best interest. Because early intervention can be critical, contacting an attorney shortly after an arrest or investigation begins may help shape the case from the outset.

How Mr. Sris and His Of Counsel Handle Sex Crimes Cases

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997 after serving as a prosecutor. That background gives him insight into how the Commonwealth’s Attorney builds a case. Together with his Of Counsel, he brings extensive combined legal experience to serious felony matters, including charges under Va. Code § 18.2-370. The team is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). For clients in Botetourt County, the firm handles sex crime cases on an appointment basis and represents individuals from the initial investigation through trial and, if needed, appeal. Mr. Sris and his Of Counsel have documented case results across multiple practice areas since 1997; Results may vary. and prior outcomes do not guarantee a similar result

Frequently Asked Questions

What is Taking Indecent Liberties with a Child by Custodian under Virginia law?

Under Virginia Code § 18.2-370, taking indecent liberties with a child by a custodian occurs when a person in a supervisory role engages in sexually motivated conduct with a child in their care. The charge is a Class 6 felony, punishable by one to five years of imprisonment and mandatory lifetime sex offender registration. A custodian can be a parent, guardian, teacher, or any adult responsible for the child’s welfare. Because the relationship of trust is central to the offense, these cases often hinge on the nature of the interaction and the intent behind it.

What are the penalties for a conviction?

A conviction for taking indecent liberties with a child by a custodian in Virginia carries a sentence of one to five years in state prison and mandatory sex offender registration. The court may also impose fines, probation, and court-ordered treatment. Under Va. Code § 9.1-901, lifetime registration places ongoing restrictions on where you can live and work. Sentences can run consecutively if additional charges are involved. Because the court has some discretion, the outcome depends on the specific facts and the strength of the defense.

Do I have to register as a sex offender if convicted?

Yes, a conviction under Va. Code § 18.2-370 for indecent liberties with a child by a custodian results in mandatory lifetime sex offender registration under Va. Code § 9.1-901. There is no mechanism in Virginia to petition for removal from the registry for this offense. The registration requirement mandates reporting your address, employment, and vehicle information to law enforcement, with updates required regularly. Failing to register is a separate felony. Because avoiding the registry is often a central goal, early intervention with an experienced defense attorney is essential.

How long does a sex crime case take in Botetourt County?

The timeline for a sex crime case in Botetourt County varies based on court scheduling and the complexity of the evidence. Cases begin with a preliminary hearing in the General District Court, followed by a grand jury indictment if probable cause is found. The Circuit Court trial may occur months later, depending on the judge’s calendar and the need for forensic analysis. Cases involving digital evidence or expert witnesses often take longer. An attorney can provide an estimated timeline after reviewing the specific charges.

What should I do if I am facing charges of taking indecent liberties with a child by a custodian in Botetourt County?

If you are charged, contact a sex crimes attorney immediately and do not discuss the case with anyone except your lawyer. Preserve any documentation that may be relevant, but do not attempt to contact the alleged victim or witnesses. Early legal guidance can help you understand your rights, protect your interests, and begin building a defense. Law Offices Of SRIS, P.C. represents individuals in Botetourt County in these serious matters and may be reached at (888) 437-7747.

How does a defense lawyer challenge these charges?

A defense attorney may challenge the credibility of the accuser, examine the consistency of witness statements, and scrutinize the prosecution’s evidence for procedural errors. In cases involving forensic evidence, an experienced team may engage independent attorneys to review DNA, digital, or medical findings. The defense may also present evidence of false allegations, custody disputes, or misinterpreted conduct. Because each case is unique, the approach is tailored to the specific facts. The goal is to secure a reduction, dismissal, or acquittal, depending on the circumstances.

Can the charge be reduced to a less serious offense?

Yes, in some cases, negotiation with the Commonwealth’s Attorney may lead to a plea to a lesser charge that does not trigger sex offender registration. For example, a custodial indecent liberties charge might be reduced to contributing to the delinquency of a minor or a simple assault under certain circumstances. Whether such a resolution is possible depends on the evidence, the defendant’s background, and the prosecutor’s position. A former prosecutor on the defense team can anticipate the Commonwealth’s strategy and negotiate from a position of knowledge.

Will I lose custody of my children if convicted?

A conviction for a sex offense involving a child can lead to termination of parental rights or supervised visitation orders, depending on the circumstances. Family law and criminal proceedings are separate, but a conviction is admissible in custody matters. Working with an attorney who understands both criminal defense and the family court system can help you address potential custody issues early. The outcome in any case depends on the facts and the court’s assessment of the child’s best interests.

Do I need a lawyer if I am only under investigation?

Yes, retaining an attorney during the investigation phase can be critical. Law enforcement may ask for an interview, execute a search warrant, or contact potential witnesses. Any statements you make can be used against you. An experienced lawyer can advise you on how to respond, assert your right to counsel, and begin gathering evidence favorable to your defense before charges are filed. Pre-charge representation may sometimes prevent charges altogether.

What if the accusation is false?

False accusations of indecent liberties with a child by a custodian can arise from custody disputes, family conflicts, or misunderstandings. Challenging the credibility of the accuser, examining the timeline of events, and presenting communication records are common defense approaches. Because these charges carry such heavy consequences, a vigorous defense is necessary even when you believe the evidence will exonerate you. The firm works to uncover inconsistencies and advocate for a fair resolution.

Can a lawyer help me avoid the sex offender registry?

In many instances, the primary objective of the defense is to avoid a conviction that triggers the Virginia Sex Offender and Crimes Against Minors Registry. Because lifetime registration is mandatory for this offense, negotiating a plea to a non-registerable charge or securing an acquittal are the only ways to prevent the requirement. An attorney experienced in sex crime defense can evaluate the likelihood of achieving such an outcome based on the facts and evidence.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing since 1997. As a former prosecutor, he understands the strategies used by the Commonwealth’s Attorney in Botetourt County. His Of Counsel include attorneys with diverse backgrounds, such as those with prior experience in law enforcement and CPS matters. Together, Mr. Sris and his Of Counsel bring extensive combined legal experience to criminal defense and family law matters across Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm serves Botetourt County clients from its Shenandoah location, and appointments can be scheduled by calling (888) 437-7747.

Additional sex crime defense resources: Fairfax County sex crimes lawyer | Fairfax City sex crimes lawyer | Falls Church sex crimes lawyer | Prince William County sex crimes lawyer | Manassas sex crimes lawyer

Official legal resources: Virginia Code § 18.2-370 | Botetourt County Circuit Court | Virginia Judicial System

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.