Kentucky Child Enticement Laws

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Kentucky has enacted child enticement laws geared towards protecting children from online abuse.  Individuals that commit the crime of online child enticement or online sexual corruption of a child in Kentucky must be over 18 years of age and be shown beyond a reasonable doubt to have committed the following acts:

  • Knowingly utilize a communication system, including but not limited to email, telephone, writing, or any other electronic means
  • To solicit, entice, lure, or seduce
  • A minor child
  • To engage in illegal sexual activity including but not limited to sexual abuse, sexual battery, sexual contact, or sexual intercourse

Penalties for Child Enticement Kentucky

When a person is convicted of child enticement he or she will be guilty of a Class D felony.  The term of imprisonment for a Class D felony is a maximum of five years with a mandatory minimum of two years. Defendants will also have to register as sex offenders with the state.

Defenses for Child Enticement Kentucky

A defendant that has been charged with child enticement of a child may have available a number of defenses.  These defenses if asserted correctly could absolve the defendant of any criminal liability:

  • Duress or compulsion where a person engages in criminal conduct due to threat of imminent death, or seriously bodily injury, or force.
  • Ignorance to or mistake as a mater of fact that negates the element of intent to commit the crime
  • Involuntary intoxication that results in lack of capacity to appreciate right from wrong
  • Mental disease, defect, or insanity
  • Defendant is a minor child less than 14 years

Attempted Child Enticement in Kentucky

A person can be found guilty of attempted online child enticement if they take a step towards committing the crime of child enticement with the intent of committing the crime.  The step must strongly show that the defendant would have completed the crime of online child enticement if it were possible to do so.

When to Talk to a Lawyer

Individuals that are facing criminal charges should seek the advice of an attorney licensed to practice law in their state.  A lawyer with criminal defense experience can assist in the ensuring that a defendant’s rights and defenses are adequately protected and can guide a defendant through the criminal justice process.

 

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