New York Penal Code § 120.70: Luring a child

Some of the most deplorable crimes are crimes where the victims are children. Oftentimes sex crimes against children start off with the child being lured away from safety by promises of a toy, a puppy, or that the child will be taken to his or her parents. In New York it is a crime to lure a child in order to commit another crime against that child. Under New York Penal Code § 120.60 you face prosecution for luring a child if you lure a minor who is under the age of 17 into a vehicle, building, or secluded location for the purpose of committing a crime against the child. Such crimes include a violent felony, murder, any felony sex crime, kidnapping, promoting prostitution, human trafficking, incest, or any crime involving child pornography. Luring a child is either a class E felony or a class D felony, depending on the relative seriousness of the underlying crime against the child.

Example

An 8 year old girl is walking home from school. A man drives up to her and tells her that her mom was in an accident and was rushed to a hospital. The man also tells the girl that he will take her to see her mom. The girl gets into the car. The man drives the girl to a secluded area and sexually assaults the girl. The man could be prosecuted for luring a child as well as a sex crime such as sexual abuse in the first degree or kidnapping in the first degree.

Related Offenses
  1. Kidnapping in the first degree: New York Penal Code § 135.25
  2. Sexual abuse in the first degree: New York Penal Code § 135.65
  3. Endangering the welfare of a child: New York Penal Code § 260.10
Defenses

A possible defense to a luring a child charge is to show that you did not lure the child with the intent to commit one of the crimes specified in the statute.

Sentence

If you are convicted of luring a child as a class E felony you face a prison sentence of up to 4 years. If you are convicted of luring a child as a class D felony, you face a prison sentence of up to 7 years. In either case your sentence will be in addition to the sentence you face for being convicted of the underlying crime. Furthermore, you will end up with a criminal record and may be required to register as a sex offender under the New York Sex Offender Registration Act (SORA).

New York Penal Code § 120.70: Luring a child
  1. A person is guilty of luring a child when he or she lures a child into a motor vehicle, aircraft, watercraft, isolated area, building, or part thereof, for the purpose of committing against such child any of the following offenses: an offense as defined in § 70.02 of this chapter; an offense as defined in § 125.25 or 125.27 of this chapter; a felony offense that is a violation of article one hundred thirty of this chapter; an offense as defined in § 135.25 of this chapter; an offense as defined in sections 230.30, 230.33 or 230.34 of this chapter; an offense as defined in sections 255.25, 255.26, or 255.27 of this chapter; or an offense as defined in sections 263.05, 263.10, or 263.15 of this chapter. For purposes of this subdivision "child" means a person less than seventeen years of age. Nothing in this section shall be deemed to preclude, if the evidence warrants, a conviction for the commission or attempted commission of any crime, including but not limited to a crime defined in article one hundred thirty-five of this chapter
The Law Offices of Stephen Bilkis & Associates can help

If you are facing a luring a child charge or a sex crime charge based on allegations that you had sexual contact with a minor, you could end up spending a significant amount of time in prison. You may also face stiff fines and be required to pay restitution to the victim. You will end up with a criminal record and you may be required to register as a sex offender. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with misdemeanors and felonies such as assault in the first degree, assault in the second degree, menacing, reckless endangerment, stalking, rape, and child endangerment. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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