When it comes to sex-related or child-targeted offenses, Washington law draws important distinctions between crimes that may sound similar. Consider, for example, the two crimes of “luring of a child” and “enticement of a minor.” Both involve attempts to attract or persuade a young person to go somewhere or engage in certain conduct, but they are governed by different statutes and carry different penalties and implications.
What is Luring a Child?
Under Washington law, luring is a crime defined by RCW 9A.40.090. This statute says you commit a crime if all of the following are true:
- You lure, or attempt to lure, a minor under 16 years old (or a developmentally disabled person),
- You lure the minor into a vehicle, structure, or isolated area,
- You do so without the consent of the minor’s parent or guardian, and
- You act without a legitimate reason for doing so.
Please note that “luring” means tempting someone to go somewhere, especially by offering some form of reward.
If an adult, for example, tries to convince a 12-year-old walking home from school to “come check out my car” or “see my puppy” without parental permission, that could be charged as luring. This is true even if no physical contact or sexual act occurred.
Luring is a Class C felony in Washington. The crime is punishable by:
- Custody in state prison for up to 5 years, and/or
- A maximum fine of $10,000.
The crime also carries potential sex offender registration requirements depending on the circumstances.
What is Enticement of a Minor?
Enticement of a minor is generally a federal offense under 18 U.S.C. 2422. This law criminalizes you using interstate communication (like the internet, text messages, or phone calls) to persuade, induce, entice, or coerce someone under 18 to engage in sexual activity.
Please note the following distinctions from luring:
- Sexual intent is required. Unlike luring, enticement always involves an intent to engage in illegal sexual conduct.
- Interstate communication. The offense often involves internet chats, social media, or phone communications across state lines.
- Federal jurisdiction. These cases are typically prosecuted in federal court, not Washington state court.
If, for example, an adult chats online with a 15-year-old and tries to convince them to meet for sexual activity, that can lead to an enticement of a minor charge. This is true even if the meeting never occurs.
Enticement of a minor carries mandatory minimum sentences of 10 years in federal prison and up to life imprisonment. The convicted individual must also register as a sex offender.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a luring or enticement charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on these types of charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
