LURING OF A CHILD

LURING UNDER WASHINGTON LAW

RCW 9A.40.090 is the Washington statute that defines the crime of luring. You commit this offense if you:

  1. Lure or attempt to lure a child (or a person with a developmental disability) away from the public eye or into a vehicle, and
  2. Do so with the intent to harm that person’s health, safety, or welfare, or with the intent to facilitate a crime.

A prosecutor also has to prove that you:

  1. were a stranger to the child or developmentally disabled person, and
  2. did not have the consent of that person’s parent or guardian to act as you did.

For purposes of this statute, a “minor” is a person under the age of sixteen.

Note that luring is technically not considered a “sex crime.” However, it is often charged after a person targets a minor with the intent to have sexual contact with that person. The charge is common in internet sex crime cases.

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PENALTIES FOR LURING OF A CHILD

Luring is a class C felony. The crime is punishable by:

  • Custody in state prison for up to five years, and/or
  • A maximum fine of $10,000.

DEFENSES TO LURING CHARGES

People charged with the crime of luring can challenge it with a legal defense. A common defense is for an accused to show that the “victim” in the case was not a minor or a person with a developmental disability. A defendant can also assert that he/she was acting with the consent of the minor’s parent or guardian.

Note, too, that you can always try to defend against a charge by showing that the police violated your constitutional rights in some way. For example, maybe the authorities:

  • Arrested you without probable cause, or
  • Coerced a confession.

Either of these would result in a judge reducing or dismissing your luring charge.

HOW CAN WE HELP YOU?

We serve clients throughout Washington including those in the following localities: King County including Bellevue, Kent, and Seattle; Benton County including Kennewick; Chelan County including Wenatchee; Clallam County including Port Angeles; Grays Harbor County including Aberdeen; Kitsap County including Port Orchard; Kittitas County including Ellensburg; Pierce County including Tacoma; Skagit County including Mount Vernon; Snohomish County including Everett; Spokane County including Spokane; Thurston County including Olympia; Whatcom County including Bellingham; and Yakima County including Yakima.

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