An indecent liberties charge in Virginia is a felony, and a conviction brings sex offender registration that can last far longer than any sentence. If you have been charged, or you have learned that a detective wants to talk with you, the details of the statute matter from the first day: the age of the child, the exact act alleged, your relationship to the child, and what the Commonwealth can actually prove about your intent.
This article explains Virginia Code § 18.2-370 and its companion statute, § 18.2-370.1, in plain language: what each one prohibits, how the felony classes work, what Virginia’s appellate courts have said about the key elements, and where the defense has real room to work.
The Statute: Virginia Code § 18.2-370
Under subsection A of § 18.2-370, the Commonwealth must prove each of the following beyond a reasonable doubt:
- The accused was 18 years of age or older;
- The child was under the age of 15;
- The accused acted knowingly and intentionally;
- The accused acted with lascivious intent; and
- The accused committed one of the specific acts listed in the statute.
The acts listed in subsection A are:
- Exposure (A)(1): exposing one’s sexual or genital parts to a child to whom the accused is not legally married, or proposing that the child expose his or her sexual or genital parts to the accused.
- Proposed touching (A)(3): proposing that the child feel or fondle the child’s own sexual or genital parts or the accused’s, or proposing that the accused feel or fondle the child’s.
- Proposed sexual acts (A)(4): proposing to the child an act of sexual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus, or any act that is an offense under § 18.2-361.
- Enticement (A)(5): enticing, alluring, persuading, or inviting the child to enter any vehicle, room, house, or other place for any of those purposes.
Subdivision (A)(2) has been repealed. A violation of subsection A is a Class 5 felony.
The age limits are fixed. If the child was 15 or older, subsection A does not apply at all. Other statutes may, but not this one, and the evidence of the child’s exact age at the time of the alleged conduct can decide which charge is legally possible.
What “Lascivious Intent” Means
The statute does not define “lascivious,” so Virginia courts give the word its ordinary meaning: a state of mind that is eager for sexual indulgence, or that is intended to incite sexual desire. McKeon v. Commonwealth, 211 Va. 24 (1970); Campbell v. Commonwealth, 227 Va. 196 (1984).
The Supreme Court of Virginia has identified the kinds of evidence that can prove this intent: that the accused was sexually aroused, made gestures toward himself or the child, made improper remarks to the child, or asked the child to do something wrong. Campbell, 227 Va. 196. Any one of these can be enough, which means the defense has to take each one seriously.
Intent is still the Commonwealth’s burden, and it can fail. The Court of Appeals of Virginia reversed a conviction where the accused exposed himself once, said nothing, made no gesture, showed no sign of arousal, kept a blank expression, and left when the child’s mother confronted him. Steggall v. Commonwealth (Va. Ct. App. Nov. 5, 2019) (unpublished). Where the conduct is ambiguous, lascivious intent is often the center of the case.
What “Expose” Means
Exposure under subsection (A)(1) requires a visual display in which the genitals were seen, or could have been seen. Farhoumand v. Commonwealth, 288 Va. 338 (2014). In Farhoumand, the Supreme Court of Virginia upheld the counts where the evidence showed the child saw the accused’s genitals and reversed the counts where there was no such evidence.
The child does not have to have actually noticed the display, as long as there was a reasonable probability the child could see it. Siquina v. Commonwealth, 28 Va. App. 694 (1998). And exposure does not have to happen in person: sending images of one’s genitals to a child electronically, such as by Snapchat, has been held to satisfy the exposure element. Hillman v. Commonwealth, 811 S.E.2d 853 (Va. Ct. App. 2018).
Proposals and Exposure, Not Touching
Section 18.2-370 punishes exposure, proposals, and enticement. It does not punish a touching on its own. Where the evidence shows a sexual touch but no proposal or statement of intent, the Court of Appeals has held that the indecent liberties offense was not proven, even though the same evidence could support a different charge such as aggravated sexual battery. Mayberry v. Commonwealth (Va. Ct. App. Oct. 18, 2022) (unpublished).
That distinction matters. Touching allegations are usually charged under statutes such as § 18.2-67.3, explained in our article on aggravated sexual battery in Virginia. When the Commonwealth charges indecent liberties, the defense examines whether the evidence actually fits the act the statute describes.
Subsections B, C, and D
Section 18.2-370 reaches further than many people realize.
- Subsection B: anyone 18 or older who, with lascivious intent, knowingly and intentionally receives money, property, or other payment for allowing, encouraging, or enticing a person under 18 to perform in or be the subject of sexually explicit visual material, or who knowingly encourages that person to do so, is guilty of a Class 5 felony. Note that the age line here is 18, not 15.
- Subsection C: a second or subsequent conviction under § 18.2-370 is a Class 4 felony, but only if 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 judge or jury.
- Subsection D: a parent, step-parent, grandparent, or step-grandparent who commits a violation against his or her own child, step-child, grandchild, or step-grandchild is guilty of a Class 4 felony if the child is under 15, and a Class 5 felony if the child is at least 15 but under 18. Subsection D also covers certain violations of § 18.2-370.1 by these family members.
§ 18.2-370.1: Custodial or Supervisory Relationships
Section 18.2-370.1 is a separate offense for adults who hold a position of authority over a child. The Commonwealth must prove that the accused:
- Was 18 years of age or older;
- Maintained a custodial or supervisory relationship over a child under 18;
- Was not legally married to the child, and the child was not emancipated;
- Acted knowingly and intentionally, with lascivious intent; and
- Committed one of six listed acts: proposing touching; proposing a sexual act; exposing his or her sexual or genital parts; proposing that the child expose himself or herself; proposing that the child engage in sexual acts with another person; or sexually abusing the child as defined in § 18.2-67.10.
Two differences from § 18.2-370 stand out. The age line is 18, not 15. And because the list includes sexual abuse as defined in § 18.2-67.10, this statute can reach an actual touching, not only proposals and exposure. The statute does not apply where § 18.2-370 already governs, such as the family relationships covered by § 18.2-370(D).
A first violation of § 18.2-370.1 is a Class 6 felony. A second or subsequent violation is a Class 5 felony, under the same three conditions that apply in § 18.2-370(C).
Who Counts as a Custodian or Supervisor
The relationship is an element of the crime, not just a reason for a harsher sentence. Krampen v. Commonwealth, 29 Va. App. 163 (1999). It is not limited to legal custody. It includes adults with a temporary custodial role, such as teachers, athletic instructors, and baby-sitters, where the child has been entrusted to their care and control. Id. Virginia courts have applied it to a softball coach (Sadler v. Commonwealth, 276 Va. 762 (2008)), a school security officer (Guda v. Commonwealth, 42 Va. App. 453 (2004)), an employer (Gilbert v. Commonwealth, 47 Va. App. 266 (2005)), and a teacher with supervision duties over students outside his own classes, even though the alleged acts happened at his home (Linnon v. Commonwealth, 287 Va. 92 (2014)).
The element still has limits. The Court of Appeals reversed a conviction where the only evidence of “control” over the child came from the sexual proposals themselves, holding that the Commonwealth cannot use the proposals to prove the supervisory relationship. Hutton v. Commonwealth, 66 Va. App. 714 (2016). Whether a real custodial or supervisory relationship existed is often a genuine fight.
Penalties at a Glance
- § 18.2-370(A) or (B): Class 5 felony. One to ten years in prison or, in the discretion of the jury or the court, up to 12 months in jail and a fine of up to $2,500, either or both.
- § 18.2-370(C), second or subsequent offense: Class 4 felony. Two to ten years in prison and a fine of up to $100,000.
- § 18.2-370(D), parent or grandparent: Class 4 felony if the child is under 15; Class 5 felony if the child is 15 to 17.
- § 18.2-370.1, first offense: Class 6 felony. One to five years in prison or, in the discretion of the jury or the court, up to 12 months in jail and a fine of up to $2,500, either or both.
- § 18.2-370.1, second or subsequent offense: Class 5 felony.
Each count is charged separately, and a single investigation can produce several counts covering different dates. The sentence actually imposed depends on the facts, the Virginia sentencing guidelines, and the advocacy at sentencing.
Sex Offender Registration and Other Consequences
Convictions under § 18.2-370 and § 18.2-370.1 are registrable offenses under Va. Code § 9.1-902. The classification of the offense under that statute controls how long registration lasts and how often the registrant must re-register. A violation of § 18.2-370.1 is classified as a “sexually violent offense,” which carries lifetime registration with periodic re-registration. McCabe v. Commonwealth, 274 Va. 558 (2007).
The consequences reach employment as well. A conviction under either statute is a “barrier crime” that bars hiring for compensated work at child welfare agencies, assisted living facilities, and adult day care centers (§§ 63.2-1719 and 63.2-1720). Children’s residential facilities must be told during a background check not only about convictions but about pending charges under these statutes (§ 63.2-1726). For many people, the charge alone affects their work before the case is ever resolved.
How These Investigations Usually Start
Some investigations begin with a report from a parent, teacher, school official, counselor, or medical provider. Others surface during an unrelated investigation or after electronic evidence comes to law enforcement’s attention. From there, investigators may arrange a forensic interview of the child, interview family members and other witnesses, collect text messages and social media, obtain search warrants for phones and computers, and coordinate with Child Protective Services, which may open its own parallel inquiry.
By the time the accused learns anything is happening, much of that work may already be done. That is why the defense response must be immediate, organized, and grounded in the evidence rather than in panic.
Where the Defense Does Its Work
Lascivious Intent
Innocent, accidental, or non-sexual conduct does not meet the statute. Caregiving, an accidental exposure, a joke taken the wrong way, or a message read out of context can all look worse in a police report than they were in real life. The Commonwealth must prove intent beyond a reasonable doubt, and the Campbell factors are the battleground.
Whether the Act Fits the Statute
Was there an actual proposal, or only a touch? Could the child have seen what the Commonwealth calls an exposure? Was the child under 15, or was the child older? Was the accused truly in a custodial or supervisory relationship? Each of these is an element, and each one has been the reason a Virginia conviction was reversed.
The Child’s Account
Virginia law allows a conviction on the testimony of the complaining witness alone if the fact finder believes it, and a trial court has no authority to order a psychiatric examination of the child. Nobrega v. Commonwealth, 271 Va. 508 (2006). That makes the defense investigation of the account critical: who the child told first and in what words, which adults questioned the child before the formal interview, whether the forensic interview followed proper protocol, and whether the account changed over time. Allegations that surface during custody disputes or family conflict call for a close look at how and why the disclosure came about.
Motive to Fabricate and Prior False Accusations
Virginia’s rape shield statute, § 18.2-67.7, applies in prosecutions under §§ 18.2-370, 18.2-370.01, and 18.2-370.1. It bars reputation and opinion evidence about the complaining witness’s sexual history and tightly limits evidence of specific past conduct. But subsection B expressly preserves the accused’s right to present evidence that the complaining witness had a motive to fabricate the charge. If that evidence involves the witness’s past sexual conduct with someone other than the accused, the defense must file written notice before the hearing or trial begins, and the court decides admissibility at a closed evidentiary hearing first. Missing the notice deadline can cost the defense the evidence entirely.
Evidence that the complaining witness made prior false accusations of sexual misconduct is treated differently. A false accusation is a statement, not sexual conduct, so the rape shield statute does not bar it, and it can be used to impeach the witness or as evidence that the charged offense did not happen. Clinebell v. Commonwealth, 235 Va. 319 (1988). The defense must show a reasonable probability that the earlier accusation was actually false. Ortiz v. Commonwealth, 276 Va. 705 (2008).
Electronic Evidence
When the case rests on messages or images, the Commonwealth must prove the accused was the person who sent them. Shared devices, shared accounts, and gaps in how the data was collected all matter, as does whether the phones and accounts were searched lawfully.
Online Sting Cases
Many indecent liberties charges come from online conversations with an undercover officer posing as a child. In those cases, the charge is usually an attempt, and the fact that no real child existed is not a defense. Hix v. Commonwealth, 270 Va. 335 (2005). The defense focuses instead on what the accused actually believed about the other person’s age, what the messages actually say, how the conversation started and who steered it, and whether each element of the attempt is proven.
Related Charges
Indecent liberties charges often come with others from the same investigation: using a communications system to solicit a minor under § 18.2-374.3, child pornography charges under § 18.2-374.1:1, or aggravated sexual battery under § 18.2-67.3. Indecent exposure under § 18.2-387 is a separate offense and is not a lesser included offense of indecent liberties. Simon v. Commonwealth, 58 Va. App. 194 (2011).
A different statute, § 18.2-370.01, covers indecent liberties by children: a child over 13 but under 18 who, with lascivious intent, exposes himself or herself to a child under 14 who is at least five years younger, or proposes that the younger child do so. That offense is a Class 1 misdemeanor, and it applies only when the accused is a juvenile.
When several charges are filed together, the defense has to address each count on its own elements while keeping in view how the evidence on one count affects the others. For an overview of how Virginia prosecutes serious sex offenses, see the Fairfax sex crimes defense page.
Indecent Liberties Cases in Fairfax County
Because these allegations involve a minor, Fairfax cases typically begin in the Juvenile and Domestic Relations District Court for the preliminary stages, before certification to the grand jury and trial in the Fairfax County Circuit Court. Investigations are commonly handled by Fairfax County Police detectives with the involvement of child forensic interviewers, and Child Protective Services may open a parallel administrative inquiry.
If You Are Under Investigation
Speak with a criminal defense attorney before you speak with investigators. Do not agree to an interview “to clear things up,” do not consent to a search of your phone or computer, and do not contact the child or the child’s family about the allegation. Statements made without counsel, even ones meant to explain, routinely become the Commonwealth’s key evidence. Early legal advice can shape the investigation and preserve options that may disappear after an arrest.
Frequently Asked Questions
Is indecent liberties with a child a felony in Virginia?
Yes. A violation of Va. Code § 18.2-370(A) is a Class 5 felony, punishable by one to ten years in prison or, in the discretion of the jury or court, up to 12 months in jail and a fine of up to $2,500. A second or subsequent conviction, or a violation by a parent or grandparent against a child under 15, is a Class 4 felony.
Does indecent liberties require physical contact?
No. Section 18.2-370 covers exposure, proposals, and enticement. A proposal can be spoken, written, or sent electronically, and sending images electronically can count as exposure. A touching without any proposal is usually charged under a different statute, such as aggravated sexual battery under § 18.2-67.3.
What is the difference between § 18.2-370 and § 18.2-370.1?
Section 18.2-370 applies to adults 18 or older and, under subsection A, to a child under 15. Section 18.2-370.1 applies when the adult maintains a custodial or supervisory relationship over a child under 18, such as a teacher, coach, or baby-sitter. A first violation of § 18.2-370.1 is a Class 6 felony, and it can also cover sexual abuse of the child, not only proposals and exposure.
Will I have to register as a sex offender if convicted?
Yes. Convictions under § 18.2-370 and § 18.2-370.1 are registrable offenses under Va. Code § 9.1-902. A violation of § 18.2-370.1 is classified as a sexually violent offense, which carries lifetime registration. A conviction under either statute is also a barrier crime that blocks certain jobs working with children and vulnerable adults.
Can I be charged if the child was actually an undercover officer?
Yes. In online sting cases the charge is usually attempted indecent liberties, and the Supreme Court of Virginia has held that the absence of a real child is not a defense to an attempt. The defense focuses on what the accused actually believed, what the messages say, and whether each element of the attempt is proven.
What should I do if I am under investigation but have not been arrested?
Speak with a criminal defense attorney before speaking with investigators. Do not consent to a search of your devices and do not contact the child or the family. Statements made without counsel, even ones intended to clear things up, routinely become key prosecution evidence.
Accused Under § 18.2-370 in Fairfax? Start Building the Defense Now
Attorney Sheryl Shane brings more than 31 years of criminal defense experience to defending serious criminal cases in Northern Virginia, and she handles every case personally, from the first consultation to the final result. Her office at 4015 Chain Bridge Rd., Fairfax, VA 22030 sits just minutes from the Fairfax County Courthouse, where these cases are heard.
Consultations are free and available 24/7. Call (703) 582-8119 or contact Attorney Shane to speak confidentially about your situation.
By Sheryl Shane, founder of Virginia Criminal Attorney. She has handled criminal cases for more than 31 years (practicing law since 1994) and has run a boutique, sole-practitioner criminal defense practice in Fairfax since 2000, handling every case she takes personally from the first consultation through final resolution. For the full picture of how these charges are defended, see her Fairfax sex crimes defense overview.
This article provides general information about Virginia law and is not legal advice for any specific situation.
Disclaimer: This page is attorney advertising, published by the Law Office of Sheryl Shane. It is provided for general educational and informational purposes only and is not legal advice. Reading this page, contacting the firm, or submitting information through this website does not create an attorney-client relationship; that relationship is formed only by a signed written agreement. Please do not send confidential information until such a relationship exists. Every case is different, and the application of Virginia law depends on the specific facts and circumstances involved. No outcome is promised or implied, and past results do not guarantee a similar outcome in any future case. If you are facing a criminal charge or any other legal issue, seek the advice of a licensed attorney about your own situation; do not rely on this page in place of that advice. While this content was written and reviewed by Attorney Sheryl Shane and reflects Virginia law current through the 2026 Special Session I, the law changes and no representation is made that it remains current or complete, and no liability is accepted for any action taken or not taken in reliance on it.
