Child Enticement in Alabama

The term “child enticement” usually means luring children, often across the Internet, to engage in sexual activities or be part of child pornography.

Child enticement is an umbrella term that can encompass several discrete crimes, often including offenses like child pornography, prostitution, and kidnapping. These behaviors are illegal in all states, but each state has its own definitions and penalties for the underlying crimes.

To learn more about child enticement generally, see  What is the crime of "Child Enticement?"

In Alabama, “child enticement” may encompass one or several of the topics described below.

Enticing a Child for Immoral Purposes  

In Alabama, it is a Class C felony to invite or persuade a child younger than 16 to engage in sexual acts (anything from fondling—even over clothing—to having sexual intercourse) in any place, such as a vehicle, office, or house. (Al. Code § 13A-6-69.)

A similar crime, kidnapping in the first degree, requires no enticement or persuasion. Rather, for this offense the child is abducted for sexual purposes or to inflict other injury or abuse.

Electronic Solicitation  of a Child

This crime involves a person who,  knowingly and with the intent to commit an unlawful act, lures, entices, or seduces a child  who is at least three years younger than the defendant  (or attempts to do any of these things) for the purpose of meeting with and engaging in sexual conduct with the defendant or another person. The crime includes use of the Internet or other electronic means (such as a cell phone).

(Al. Code § 13A-6-122.)

Facilitating

Alabama also criminalizes the actions of someone who makes it possible for another to commit a child enticement crime.

Facilitating the online solicitation of a child

This includes knowingly helping anyone commit the electronic solicitation of a child (as described above). (Al. Code § 13A-6-123.)

Facilitating the solicitation of unlawful sexual conduct with a child  

This offense includes knowingly compiling, selling, advertising, buying or otherwise transmitting (electronically or otherwise) the identifying information of any child for the purpose of offering or soliciting unlawful sexual acts with the child. In other words, you can’t seek out or help others find children with whom to engage in unlawful sexual conduct. (Al Code § 13A-6-121.)

Child Pornography

Child enticement also includes using children for the purposes of pornography.

Producing child porn

Producing child porn includes knowingly creating visual depictions of children younger than 17 years old engaged in any sexual conduct (include sadomasochistic activities). Each depiction is a separate offense, which means that defendants may incur multiple fines and consecutive prison terms depending on how may depictions they are convicted of producing. (Al Code § 13A-12-197.)

Transmitting obscene material to a child by computer

This includes sending or otherwise transferring sexual images to a child for the purpose of initiating or engaging in sexual acts with the child. (Al Code § 13A-6-111.)

Penalties

Electronic solicitation of a child (or facilitating the online solicitation of a child) is a Class B felony. Penalties include a fine of up to $10,000, at least two (and up to 20) years in prison, or both.

Facilitating the solicitation of unlawful sexual conduct with a child is a Class C felony, and incurs a fine of up to $5,000, at least two (and up to 20) years in prison, or both.

Producing child pornography is a Class A felony, and penalties include a fine of up to $60,000, at least ten (and up to 99) years in prison, or both.

Transmitting obscene material to a child by computer is a Class B felony. Penalties include a fine of up to $10,000, at least two (and up to 20) years in prison, or both. Furthermore, defendants are tried as adults (that is, even if the defendant is younger than 18, but more than three years older than the victim), and the record of the proceeding is not subject to sealing or expungement as is often the case with juvenile crimes.

Getting Legal Advice and Counsel

If you are charged with a crime involving child enticement or a related crime, you should contact a criminal defense attorney as soon as possible. An attorney can help you navigate the criminal justice system and obtain the best possible outcome in your case.

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