Crimes for Luring or Enticing a Child
Section 787.025(2)(a), Florida Statute, prohibits luring or enticing a child. The crime requires proof that a person 18 years of age or older intentionally lured or enticed, or attempted to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose.
In most cases, the crime is charged as a misdemeanor in the first degree, which is punishable by up to 12 months in jail and a $1,000 fine.
The crime might be charged as a felony in the third degree for a second offense or if the accused has a criminal conviction for other designated sexually motivated crimes.
The crime of luring or enticing a child is included on the list of misdemeanor exceptions to the warrantless arrest rule. This means that even if the officer did not witness the incident, the officer can still make a warrantless arrest for this offense.
Attorney for Crime of Luring or Enticing in Florida
If you were falsely accused of attempting to lure or entice a child to enter a structure, dwelling, or conveyance, then contact an experienced criminal defense attorney at Sammis Law Firm.
We can help you assert affirmative defenses, showing that your actions were reasonable under the circumstances to protect the child, or because you had no intention to harm the child.
We represent clients accused of sexually motivated crimes in the greater Tampa Bay area. Our main office is located in downtown Tampa, FL. We have additional offices in Clearwater in Pinellas County, and New Port Richey in Pasco County.
Call 813-250-0500.
Penalties for Luring or Enticing a Child
The crime of luring or enticing a child is charged as a misdemeanor of the first degree, punishable by a $1,000 fine and up to 12 months in jail.
If the person was previously convicted of the crime, and is again accused of luring or enticing a child, the crime can be charged as a felony of the third degree, punishable by a $5,000 fine and up to five (5) years in Florida State Prison.
Additionally, the crime of luring or enticing a child can be charged as a third degree felony, if the accused has a prior conviction for any of the following offenses:
- a violation of chapter 794 for sexual battery;
- a violation of Section 800.04 for lewd or lascivious offenses;
- a violation of Section 847.0135(5) for lewd or lascivious exhibition using a computer; or
- a violation of a similar law of another jurisdiction.
For purposes of enhancing the crime from a misdemeanor to a felony based on a prior conviction, the term “convicted” means a determination of guilt, which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.
Affirmative Defenses for Luring or Enticing a Child
Because the statute is so broadly worded, it sets out the following affirmative defenses:
- The person reasonably believed that his or her action was necessary to prevent the child from being seriously injured;
- The person lured or enticed, or attempted to lure or entice, the child under the age of 12 into a structure, dwelling, or conveyance for a lawful purpose;
- The person’s actions were reasonable under the circumstances, and the defendant did not have any intent to harm the health, safety, or welfare of the child.
This article was last updated on Friday, February 16, 2024.
