18.2-370: Taking Indecent Liberties With Children in VA

Virginia Code 18.2-370, the state’s indecent liberties with children statute, makes it a Class 5 felony for any adult 18 or older to expose themselves to a child under 15, propose sexual conduct, or entice the child into a vehicle or private space, all with lascivious intent. A first conviction carries up to 10 years in prison, automatic Tier III sex offender registration with quarterly verification for life, and a federal prohibition on possessing firearms. The law reaches further than most people assume: a proposal or invitation alone can support a conviction, with no physical contact required.¹

What Conduct the Statute Prohibits

Subsection A targets five categories of behavior by an adult toward a child under 15, each requiring proof of lascivious intent:

Intentionally exposing sexual or genital parts to the child, or asking the child to expose theirs.
Proposing that the child touch the adult’s sexual or genital parts, or that the adult touch the child’s.
Proposing that the child engage in sexual intercourse, oral sex, anal intercourse, or other acts covered under § 18.2-361.
Persuading or inviting the child to enter a vehicle, room, house, or other place for any of those purposes.

A verbal or written proposal is enough. Prosecutors do not have to prove the proposed act ever happened. What Section 18.2-370 does not cover is actual sexual touching of a child; that conduct is charged under Virginia’s separate sexual battery and related statutes, which are often more serious. This section is built around proposals, exposure, and enticement.¹

Using Minors in Sexually Explicit Material

Subsection B creates a separate Class 5 felony for adults who profit from a minor’s involvement in sexually explicit visual material. If you are 18 or older and receive money or other compensation for encouraging, allowing, or enticing someone under 18 to appear in such material, you can be charged under this subsection. The same classification applies if you knowingly encourage the minor’s participation without receiving payment.¹

The age line is different here. Subsection A protects children under 15; Subsection B reaches victims under 18. An adult who entices a 16-year-old to appear in sexually explicit material can be prosecuted under Subsection B even though that child’s age would put the conduct outside Subsection A.

Who the Law Covers

Two age facts have to be proved beyond a reasonable doubt for a Subsection A prosecution: the accused was at least 18 at the time, and the child was under 15. If the child was 15 or older, Subsection A does not apply, though other Virginia statutes may reach the conduct. The 18-year-old floor separates predatory adult behavior from peer interactions between minors, which the code handles elsewhere.¹

Penalties for a First Conviction

A first violation of either Subsection A or Subsection B is a Class 5 felony. Under Virginia’s sentencing structure, that carries a prison term of one to 10 years. The judge or jury can also opt for a lesser sentence: up to 12 months in jail, a fine of up to $2,500, or both.²

The sentencing flexibility does not soften the charge. A felony conviction under this statute triggers consequences that outlast any sentence, including mandatory sex offender registration and a federal firearms ban.

Higher Penalties for Repeat Offenders

Subsection C treats a second or subsequent conviction under Section 18.2-370 as a Class 4 felony. The prison range rises to two to 10 years, and the fine can reach $100,000. The enhancement requires that the prior and current offenses were not part of the same act or scheme, that the defendant was free between convictions, and that the prior conviction is admitted or proved at trial.¹

Higher Penalties When the Offender Is a Family Member

Subsection D increases penalties when the offender is a parent, step-parent, grandparent, or step-grandparent of the child. The class depends on the child’s age:

If the child is 15 to 17, the offense is a Class 5 felony. This is significant: Subsection A does not protect children 15 or older at all, so Subsection D extends the age of protection through 17 when the offender is a family member.
If the child is under 15, the offense is a Class 4 felony on the first offense, carrying two to 10 years in prison.

Subsection D also reaches beyond the acts listed in Section 18.2-370 itself. It covers violations of clauses (v) and (vi) of Section 18.2-370.1, which involve proposing that the child engage in sexual activity with another person or sexually abusing the child as defined in the code.¹

Sex Offender Registration

A conviction under Section 18.2-370 is a Tier III offense under Virginia’s Sex Offender and Crimes Against Minors Registry Act. Tier III is the state’s most serious registration category.³

Initial registration has to happen in person within three days of release from confinement, or within three days of sentencing if no jail or prison time is imposed. The Virginia State Police maintain the registry, and much of it is available to the public, including the offender’s name and aliases, date of birth, current address, and a description of the offense.⁴

Quarterly Verification

Because this is a Tier III offense, registered individuals have to verify their information with the State Police four times a year, at three-month intervals that include their birth month. Lower-tier offenses require only annual verification.⁵

Reporting Changes

A change of residence or employment has to be reported in person to local law enforcement within three days. Changes to email addresses or internet screen names have to be reported within 30 minutes, in person or electronically.⁴

Failing to Register

A Tier III offender who fails to register, re-register, or verify information commits a Class 6 felony on the first violation, punishable by one to five years. A second or later failure is a Class 5 felony carrying one to 10 years. Providing false information to the registry carries the same penalties.⁶

Federal Firearms Ban

Because a Class 5 felony is punishable by more than one year, a conviction under Section 18.2-370 triggers a permanent federal ban on possessing firearms or ammunition. Under 18 U.S.C. § 922(g)(1), anyone convicted of a crime punishable by imprisonment exceeding one year is prohibited from shipping, transporting, or possessing any firearm or ammunition in interstate commerce. The ban turns on what the offense is punishable by, not on the sentence actually imposed, so it applies even if the judge orders only jail time or a suspended sentence.⁷

A Note on Section 18.2-370.1

Section 18.2-370 does not reach every situation involving an adult and a minor. Virginia Code 18.2-370.1 is a companion statute for adults who hold a custodial or supervisory role over a child under 18, such as teachers, coaches, and youth ministers. It protects all minors under 18 rather than only those under 15, but only when the offender is in a position of authority. A first offense is a Class 6 felony (one to five years); a second or later offense is a Class 5 felony. Convictions under this section are also Tier III offenses requiring quarterly registry verification.⁸³

1
Virginia Code Commission. Virginia Code 18.2-370 – Taking Indecent Liberties With Children; Penalties
2
Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
3
Virginia Code Commission. Virginia Code 9.1-902 – Offenses Requiring Registration
4
Virginia Code Commission. Virginia Code 9.1-903 – Registration and Reregistration Procedures
5
Virginia Code Commission. Virginia Code 9.1-904 – Periodic Verification
6
Virginia Code Commission. Virginia Code 18.2-472.1 – Providing False Information or Failing to Register
7
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
8
Virginia Code Commission. Virginia Code 18.2-370.1 – Taking Indecent Liberties With Child by Person in Custodial or Supervisory Relationship; Penalties