Virginia criminal charge
Taking indecent liberties with child by person in custodial or supervisory relationship in Virginia
Taking indecent liberties with child by person in custodial or supervisory relationship is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-370.1. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-370.1.
What is the penalty for taking indecent liberties with child by person in custodial or supervisory relationship in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 5 years (Taking indecent liberties with child by custodian/supervisor - first offense — A person 18 or older who maintains a custodial or supervisory relationship over a child under 18, not married to the child, with lascivious intent commits one of the enumerated acts (proposing fondling, proposing sexual acts, exposing genitals, proposing exposure, proposing sexual acts with another, or sexually abusing the child).; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Taking indecent liberties with child by custodian/supervisor - first offense — A person 18 or older who maintains a custodial or supervisory relationship over a child under 18, not married to the child, with lascivious intent commits one of the enumerated acts (proposing fondling, proposing sexual acts, exposing genitals, proposing exposure, proposing sexual acts with another, or sexually abusing the child).; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Taking indecent liberties with child by custodian/supervisor - second or subsequent offense — A person convicted of a second or subsequent violation of this section, where the offenses were not part of a common act, transaction or scheme, the accused was at liberty between convictions, and the prior conviction is admitted or found by the jury or judge.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Taking indecent liberties with child by custodian/supervisor - second or subsequent offense — A person convicted of a second or subsequent violation of this section, where the offenses were not part of a common act, transaction or scheme, the accused was at liberty between convictions, and the prior conviction is admitted or found by the jury or judge.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is taking indecent liberties with child by person in custodial or supervisory relationship classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Taking indecent liberties with child by custodian/supervisor - first offense | Class 6 Felony | A person 18 or older who maintains a custodial or supervisory relationship over a child under 18, not married to the child, with lascivious intent commits one of the enumerated acts (proposing fondling, proposing sexual acts, exposing genitals, proposing exposure, proposing sexual acts with another, or sexually abusing the child). | Va. Code Ann. § 18.2-370.1A |
| Taking indecent liberties with child by custodian/supervisor - second or subsequent offense | Class 5 Felony | A person convicted of a second or subsequent violation of this section, where the offenses were not part of a common act, transaction or scheme, the accused was at liberty between convictions, and the prior conviction is admitted or found by the jury or judge. | Va. Code Ann. § 18.2-370.1B |
Common questions about taking indecent liberties with child by person in custodial or supervisory relationship in Virginia
Is taking indecent liberties with child by person in custodial or supervisory relationship a felony or a misdemeanor in Virginia?
It depends on the circumstances: taking indecent liberties with child by person in custodial or supervisory relationship ranges from a class 6 felony to a class 5 felony in Virginia under Va. Code Ann. § 18.2-370.1.
Taking indecent liberties with child by custodian/supervisor - first offense: class 6 felony (Va. Code Ann. § 18.2-370.1A) · Taking indecent liberties with child by custodian/supervisor - second or subsequent offense: class 5 felony (Va. Code Ann. § 18.2-370.1B)
What are the penalties for taking indecent liberties with child by person in custodial or supervisory relationship in Virginia?
Penalties for taking indecent liberties with child by person in custodial or supervisory relationship in Virginia depend on how it is classified — from a class 6 felony up to a class 5 felony — with the ranges set by Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers taking indecent liberties with child by person in custodial or supervisory relationship?
Taking indecent liberties with child by person in custodial or supervisory relationship is governed by Va. Code Ann. § 18.2-370.1 (Taking indecent liberties with child by person in custodial or supervisory relationship; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.