A person commits the crime of “child enticement” by tempting or luring a child to engage in sexual activity.

Each state has its own laws against child enticement and describes and punishes the underlying crimes differently. Depending on the state, child enticement may cover several different crimes, including kidnapping, sexual molestation, and child pornography.

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

In New York, a person commits the crime of child enticement by luring a child under the age of 17 into a vehicle, building, or secluded location for the purpose of committing a crime against the child, including a violent felony, murder, any felony sex crime (which includes any sexual contact with a child under the age of 17), kidnapping, promoting prostitution, human trafficking, incest, or any crime involving child pornography.

Child enticement is punished more severely if the underlying crime is particularly serious.

(N.Y. Pen. Law § 120.70.)

For example, a defendant who invites a 13-year-old child into the defendant’s home to engage in sexual activity could be convicted of child enticement.

Electronic Enticement

A person also commits a crime in New York by communicating with a child under the age of 17 (or a person whom the defendant thinks is a child under the age of 17) over a computer network, such as the Internet, and inviting or tempting the child to engage in sexual conduct.

Under New York’s laws, it is also a crime to use a computer network to initiate or engage in sexually explicit communication or the exchange of sexually explicit materials with a child under the age of 17.

It is defense to this charge that the defendant:

• attempted to determine the child’s age but was thwarted by the child, or
• took reasonable steps to block access to the communication by minors, including taking steps so that the communication would be blocked by parental control software.

(N.Y. Pen. Law § § 235.20, 235.22, 235.23.)

For example, a person who engages in a online communication with a police officer posing as a 15-year-old girl and sends the “girl” explicit photos could be convicted of electronic enticement.

Child Pornography

It is also a crime in New York to use or lure a child under the age of 17 or allow a child under the defendant’s custody to engage in sexual conduct for the purpose of creating a film, photograph, or other visual representation of the conduct.

It is a defense to a charge of child pornography that the defendant reasonably believed the child to be over the age of 17.

(N.Y. Pen. Law § § 263.00, 263.05, 263.20.)

Punishment

Child enticement is a Class E felony, punishable by up to four years in prison, but it can be punished by as much as 15 years’ imprisonment if the underlying offense is punishable by life imprisonment.

Electronic enticement is a class D felony, punishable by up to seven years’ imprisonment.

Luring a child to make pornography is a class C felony, punishable by up to 15 years’ imprisonment.

Additionally, in New York, felonies are punishable by fines of up to $5,000 or twice the amount of money the defendant gained from the crime.

(N.Y. Pen. Law § § 70.00, 80.00, 120.70, 235.22, 263.05.)

Sex offender registration

People who are convicted of child enticement, electronic enticement, and child pornography are required to register as sex offenders in New York.

(N.Y. Cor. Law § § 168-a, 168-f.)

Obtaining Legal Assistance

If you are charged with child enticement, electronic enticement, or child pornography, you should contact a New York criminal defense attorney as soon as possible. A conviction can result in time in prison, a fine, and sex offender registration. With the help of an attorney, you can hopefully obtain the best possible outcome in your case.

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