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:
- Lure or attempt to lure a child (or a person with a developmental disability) away from the public eye or into a vehicle, and
- 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:
- were a stranger to the child or developmentally disabled person, and
- 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.
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.