Columbia, SC asked in Criminal Law for Virginia

Q: How much time is someone looking at for taking indecent liberties with a child in a custodial or supervisory.

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2 Lawyer Answers
Thomas H. Roberts
Thomas H. Roberts
Answered
  • Criminal Law Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: Answer: 1-5 years in the penitentiary. But see below:

§ 18.2-370.1. Taking indecent liberties with child by person in custodial or supervisory relationship; penalties.

A. Any person 18 years of age or older who, except as provided in § 18.2-370, maintains a custodial or supervisory relationship over a child under the age of 18 and is not legally married to such child and such child is not emancipated who, with lascivious intent, knowingly and intentionally (i) proposes that any such child feel or fondle the sexual or genital parts of such person or that such person feel or handle the sexual or genital parts of the child; or (ii) proposes to such child the performance of an act of sexual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus or any act constituting an offense under § 18.2-361; or (iii) exposes his or her sexual or genital parts to such child; or (iv) proposes that any such child expose his or her sexual or genital parts to such person; or (v) proposes to the child that the child engage in sexual intercourse, sodomy or fondling of sexual or genital parts with another person; or (vi) sexually abuses the child as defined in subdivision 6 of § 18.2-67.10 is guilty of a Class 6 felony.

B. Any person who is convicted of a second or subsequent violation of this section is guilty of a Class 5 felony, provided that (i) the offenses were not part of a common act, transaction or scheme; (ii) the accused was at liberty as defined in § 53.1-151 between each conviction; and (iii) it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this section.

§ 18.2-10. Punishment for conviction of felony; penalty.

The authorized punishments for conviction of a felony are:

(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in 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.

Note - it may be possible to reach a plea deal, pleading guilty or making an alfred plea to § 18.2-370.01. Indecent liberties by children; penalty.

Any child over the age of thirteen years but under the age of eighteen who, with lascivious intent, knowingly and intentionally exposes his or her sexual or genital parts to any other child under the age of fourteen years who, measured by actual dates of birth, is five or more years the accused's junior, or proposes that any such child expose his or her sexual or genital parts to such person, shall be guilty of a Class 1 misdemeanor.

In that case the maximum is 12 months in jail and $2500 fine. But there it may be possible to obtain work release which would require reporting only at night to the jail. Also one would be entitled to earn "good time" cutting the actual time served to 1/2 of the sentence.

Disclaimer: This information contained in this answer is not intended and does not constitute legal advice and is not intended to be a substitute for legal counsel on any subject matter. You should engage a lawyer for legal advice.

Sean R Hanover agrees with this answer

Sean R Hanover
Sean R Hanover
Answered
  • Criminal Law Lawyer
  • Fairfax, VA
  • Licensed in Virginia

A: This is a class 5 felony which carries a maximum penalty of not more than 12 months confinement, but probation can last from 1-10 years. The age of the child will affect your time. If the child was 15 at the time of the incident then the amount of time will likely be from 1-6 months confinement. If the child was 1 at the time of the incident, you will likely get closer to the maximum.

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