Massachusetts Child Enticement Laws

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Within the guidelines of Massachusetts law, a person will be guilty of child enticement if it is proven beyond a reasonable doubt, that a person has committed the following acts:

  • Entice, lure, induce, persuade, tempt, solicit or coax
  • A child under the age of 16 or whom the person believes to be under 16
  • To enter, exit or stay within
  • A vehicle, building or any other confined space
  • With the intent of indecent assault and/or battery or rape
  • Or any other crime that uses force

Penalties for Child Enticement in Massachusetts

If a defendant in a criminal action is convicted of child enticement he or she will be guilty of a felony and can be sentenced up to five years and no less than 2 and ½ years in prison.  A defendant can also be fined  in the maximum amount of $5000.  Defendants that are convicted under child enticement law are required to register as sex offenders with the state.

Defense of Child Enticement in Massachusetts

There are a number of defenses available to a defendant that has been charged with child enticement, if the following defenses are viable, the defendant may be absolved of liability

  • Involuntary intoxication
  • Mental disease or derangement that affects their ability to distinguish between right or wrong
  • Duress where significant harm or force is threatened or used against the defendant, that is unable to be resisted.

Attempted Child Enticement in Massachusetts

Attempted child enticement will result when a defendant takes any steps toward committing the crime of, but doesn’t succeed, or is caught before completion by authorities, or is prevented from completing the crime by an other means.   The penalty for attempt is imprisonment for no longer than one year and a fine of no more than $300.

When to Talk to a Lawyer

The sound advice of an attorney should be sought for individuals that have been charged with child enticement.  An attorney will guide you through every step of the criminal law process and ensure that your rights and defenses are protected.

 

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