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Virginia statute

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

Current through 2026 Regular Session

Part of Article 4: Family Offenses; Crimes Against Children, Etc, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-370.1

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-370.1Primary source, current through the 2026 Regular Session
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.

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Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.