What Is the Crime of Child Enticement?

Online enticement of children is a serious offense. Reports of child enticement incidents increased by more than 300% between 2021 and 2023 alone. A person can commit this serious felony even if no sexual conduct occurs or no images are exchanged. Under these laws, it's enough to attempt to entice a child into sending sexually explicit images or to meet in person or online for illegal sexual activities.

This article presents information for anyone who's been accused of this crime or wants to understand the law. Read on to learn about federal and state laws that criminalize this behavior.

What Is Child Enticement?

The most common definition of child enticement involves a person using online communications to solicit a child for illegal sexual activities or images.

Types of Child Enticement Laws

Child enticement laws cover a broad range of illegal activities, such as:

• soliciting a child to meet in person or online for sexual activities
• persuading a child to engage in online sexual communications
• grooming a child for sexual exploitation
• encouraging a child to take and send sexually explicit photos or videos, and
• sexually extorting a child for money or sexual images.

Online communications can include anything from text messages and emails to messages sent through internet chat rooms, social media, messaging apps, or gaming platforms, as examples.

Typically, these laws cover a range of solicited sexual activities, such as trying to convince the child to engage in sexual conduct (intercourse, fondling, masturbation), engage in prostitution or sexual performances, or create, send, or exchange sexually explicit images.

Solicitation or Attempt to Solicit Is Enough

These statutes criminalize attempts to solicit, lure, entice, or persuade a child to engage in a sexual act, whether or not the act occurs. (If the act occurs, that's likely another crime.)

Victim Can Be an Undercover Cop

Most of these statutes also criminalize the offender who believes they are enticing a minor, even if the person on the other end is an undercover cop or adult.

State and Federal Statutes on Child Enticement

Most child enticement crimes can be prosecuted under state or federal law.

Federal Crimes for Child Enticement

Federal law makes it a crime to try to persuade, induce, or entice a child to:

• engage in sexual activity or prostitution (child enticement), or
• engage in sexually explicit conduct for purposes of recording or photographing the conduct (sexual exploitation).

To be a federal offense, the crime must involve interstate activity. Generally, the use of the internet or a cellphone qualifies as interstate activity.

(18 U.S.C. §§ 2251, 2422 (2024).)

State Crimes for Child Enticement

State laws vary greatly in their definitions, and many states have more than one law to cover the illicit conduct described above. Common state crimes associated with these acts include:

• internet or online sexual exploitation of a child
• electronic or online enticement or luring of a child
• sexual or indecent solicitation of a child or minor
• child solicitation by an electronic communication device
• grooming of a minor
• engaging in sexual communications with a child, or
• online sexual corruption of a child.

States may also have child enticement laws under their kidnapping or abduction laws.

What Are the Penalties for Child Enticement?

The penalties for child enticement depend on the exact conduct involved and whether the crime is prosecuted under state or federal law. Most offenses carry harsh felony penalties.

Federal Penalties for Child Enticement and Sexual Exploitation of Children

A person convicted of child enticement under federal will face a minimum of 10 years in federal prison and up to life. For a sexual exploitation conviction, a federal judge can sentence a defendant to 15 to 30 years in prison. Repeat violations carry harsher penalties.

(18 U.S.C. §§ 2251, 2422 (2024).)

State Penalties for Child Enticement Crimes

State penalties vary considerably. Most child enticement crimes impose felony penalties. Even harsher penalties may result if:

• the intended child victim was or was believed to be younger than a certain age (such as 14)
• the defendant was 21 or older
• the defendant has prior convictions for felonies, crimes against children, or sex offenses
• the defendant intended to induce the child to meet in person, or
• the defendant sends sexually explicit images to the child.

For example, Colorado's statute on enticement of a child makes it a class 4 felony to attempt to persuade a child younger than 15 to meet for sexual activities. A repeat offender faces a class 3 felony. (Colo. Rev. Stat. § 18-3-305 (2024).)

Kansas prohibits the electronic solicitation of a child or someone believed to be a child to engage in an unlawful sexual act. The crime is a severity level 3 felony if the defendant believes the victim to be 14 or 15. It's a severity level 1 felony if the defendant believes the victim to be younger than 14. (Kan. Stat. § 21-5509 (2024).)

Illinois makes it a class 4 felony to groom a child over the internet or an electronic communication device in an attempt to entice the child to engage in sex or send sexually explicit images. If the defendant travels to meet the child, the crime increases to a class 3 felony. (720 Ill. Comp. Stat. 5/11-25, 5/11-26 (2024).)

Other Consequences of a Child Enticement Conviction

On top of possibly spending a long time behind bars, a conviction for child enticement can result in:

• sex offender registration
• a permanent felony record (often these convictions can't be expunged), and
• loss of professional licenses or employment options in certain occupations.

A judge might also order a defendant to pay restitution to victims. If a defendant used a computer or vehicle to commit the crime, those items may be subject to forfeiture by the government.

Possible Defenses to Child Enticement Charges

Defending against child enticement charges can be difficult. These statutes have survived many constitutional challenges given that legislators have a compelling interest in protecting children. Defendants can't typically rely on mistake-of-age defenses or argue that nothing happened.

Depending on the circumstances, a defense attorney might try to poke holes in the prosecution's case by arguing the defendant's intent wasn't to engage in illegal sexual activity. Another possible defense is entrapment by law enforcement, but this only works if the defendant wasn't predisposed to commit the crime. Some states have defenses that protect teens who are close in age and involved a consensual relationship.

Getting Legal Help

If you face an investigation or charges for child enticement or online solicitation of a child, talk to a criminal defense attorney. It's usually best not to answer any questions from investigators or police until you've spoken with a lawyer.