New York Child Enticement Laws

In the state of New York, an individual over the age of 18 years old, is guilty of child enticement and custodial interference when he or she commits the following acts: 

• Being a relative of a child less than sixteen years old, intending to hold such child permanently or for a protracted period, and knowing that he has no legal right to do so, he takes or entices such child from his lawful custodian; or
• Knowing that he has no legal right to do so, he takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or institution.

Penalties for Child Enticement in New York

When a defendant is convicted of child enticement in New York, he will be guilty of a class A misdemeanor.  A class A misdemeanor has a fixed sentence that will not exceed imprisonment for the term of one year.  Defendants will also have to register as a sex offender with the state.

Defense of Child Enticement in New York

A defendant that has been charged with child enticement will 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 13, 14, 15 or 16 years

Attempted Child Enticement in New York

A person can be found guilty of attempted child enticement if they take a step towards committing the crime of child enticement with the intent of actually 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

People that are facing criminal charges should seek the advice of an attorney.  Only an attorney that is licensed to practice law in your state can give you sound legal advice and guidance throughout the criminal law process.