Virginia criminal charge
Taking indecent liberties with children in Virginia
Taking indecent liberties with children is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-370. 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.
What is the penalty for taking indecent liberties with children in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 10 years (Indecent liberties with child under 15 — A person 18 or older, with lascivious intent, knowingly and intentionally commits enumerated acts (exposure, propositioning, enticement) with a child under 15.; 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 (Indecent liberties with child under 15 — A person 18 or older, with lascivious intent, knowingly and intentionally commits enumerated acts (exposure, propositioning, enticement) with a child under 15.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Receiving remuneration for child in sexually explicit material — A person 18 or older, with lascivious intent, knowingly receives money or other remuneration for allowing or encouraging a person under 18 to perform in or be subject of sexually explicit visual material.; 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 (Receiving remuneration for child in sexually explicit material — A person 18 or older, with lascivious intent, knowingly receives money or other remuneration for allowing or encouraging a person under 18 to perform in or be subject of sexually explicit visual material.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 2 years to 10 years (Second or subsequent violation of this section — A person is convicted of a second or subsequent violation of this section where the offenses were not part of a common act/transaction/scheme and the accused was at liberty between convictions.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Second or subsequent violation of this section — A person is convicted of a second or subsequent violation of this section where the offenses were not part of a common act/transaction/scheme and the accused was at liberty between convictions.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Parent/grandparent offense against victim 15-17 — A parent, step-parent, grandparent, or step-grandparent commits this offense or specified acts under § 18.2-370.1 upon their child/grandchild who is at least 15 but less than 18 years old.; 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 (Parent/grandparent offense against victim 15-17 — A parent, step-parent, grandparent, or step-grandparent commits this offense or specified acts under § 18.2-370.1 upon their child/grandchild who is at least 15 but less than 18 years old.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 2 years to 10 years (Parent/grandparent offense against victim under 15 — A parent, step-parent, grandparent, or step-grandparent commits this offense or specified acts under § 18.2-370.1 upon their child/grandchild who is less than 15 years old.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Parent/grandparent offense against victim under 15 — A parent, step-parent, grandparent, or step-grandparent commits this offense or specified acts under § 18.2-370.1 upon their child/grandchild who is less than 15 years old.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is taking indecent liberties with children classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Indecent liberties with child under 15 | Class 5 Felony | A person 18 or older, with lascivious intent, knowingly and intentionally commits enumerated acts (exposure, propositioning, enticement) with a child under 15. | Va. Code Ann. § 18.2-370A |
| Receiving remuneration for child in sexually explicit material | Class 5 Felony | A person 18 or older, with lascivious intent, knowingly receives money or other remuneration for allowing or encouraging a person under 18 to perform in or be subject of sexually explicit visual material. | Va. Code Ann. § 18.2-370B |
| Second or subsequent violation of this section | Class 4 Felony | A person is convicted of a second or subsequent violation of this section where the offenses were not part of a common act/transaction/scheme and the accused was at liberty between convictions. | Va. Code Ann. § 18.2-370C |
| Parent/grandparent offense against victim 15-17 | Class 5 Felony | A parent, step-parent, grandparent, or step-grandparent commits this offense or specified acts under § 18.2-370.1 upon their child/grandchild who is at least 15 but less than 18 years old. | Va. Code Ann. § 18.2-370D |
| Parent/grandparent offense against victim under 15 | Class 4 Felony | A parent, step-parent, grandparent, or step-grandparent commits this offense or specified acts under § 18.2-370.1 upon their child/grandchild who is less than 15 years old. | Va. Code Ann. § 18.2-370D |
Common questions about taking indecent liberties with children in Virginia
Is taking indecent liberties with children a felony or a misdemeanor in Virginia?
It depends on the circumstances: taking indecent liberties with children ranges from a class 5 felony to a class 4 felony in Virginia under Va. Code Ann. § 18.2-370.
Indecent liberties with child under 15: class 5 felony (Va. Code Ann. § 18.2-370A) · Receiving remuneration for child in sexually explicit material: class 5 felony (Va. Code Ann. § 18.2-370B) · Second or subsequent violation of this section: class 4 felony (Va. Code Ann. § 18.2-370C) · Parent/grandparent offense against victim 15-17: class 5 felony (Va. Code Ann. § 18.2-370D) · Parent/grandparent offense against victim under 15: class 4 felony (Va. Code Ann. § 18.2-370D)
What are the penalties for taking indecent liberties with children in Virginia?
Penalties for taking indecent liberties with children in Virginia depend on how it is classified — from a class 5 felony up to a class 4 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 children?
Taking indecent liberties with children is governed by Va. Code Ann. § 18.2-370 (Taking indecent liberties with children; 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.