Consequences of a Child Enticement Conviction

Child enticement involves a person causing or attempting to cause a child to go to a secluded place for an illegal purpose. Neither the enticement nor the intended crime need to be completed in order for a crime of child enticement to have been committed. It is a crime to merely to attempt to entice a child into illegal acts.

The person enticing the child must have the specific intent to do so in order for a crime to have been committed. Secluded places under enticement law may include but are not limited to:

•    Buildings;
•    Vehicles; or
•    Other secluded places.

The illegal act part of the crime may include but is not limited to:

•    Having sexual intercourse or sexual interaction with the enticed child;
•    Prostitution of the enticed child;
•    Exposing the enticed child to a sex organ of the defendant or of another person;
•    Involving the child in pornography, including photographs and video or audio recordings of sex acts with the child;
•    Causing the child physical or mental harm of any kind; or
•    Providing or selling drugs to the child.

Punishment

The penalties for child enticement vary according to state and federal laws, and will be impacted by the situation of each case.  Penalties can be harsh and may include probation, fines, incarceration, and sex offender registration. Sentencing for the crime depends on whether the crime is a felony or misdemeanor under the state in which it occurred. Because it can come in many forms, the circumstances surrounding the charges will be considered in any sentencing decisions.

Under federal law, enticement of a child is a felony. In many states, some circumstances make it a misdemeanor. Considerations in determining length and severity of punishment for enticement of a child include but are not limited to:

•    Presence of aggravating circumstances;
•    Presence of mitigating circumstances;
•    Age of the child;
•    Consent of the child (if the child is of an older age and has the capability of consenting);
•    Whether the enticement was successful;
•    Other charges in conjunction with the enticement charge; and
•    Prior convictions.

Other penalties may also be charged, depending on the state.  Some additional penalties include but are not limited to:

•    Counseling and treatment;
•    Sex offender registration; and
•    Monetary fines.

Getting Legal Help

An attorney can help you if you are facing potential child enticement charges. Contact an experienced criminal defense attorney in your state. An attorney will help you understand how the law operates in your particular case.