NY Penal Law § 120.70: Luring a child

NY Penal Law § 120.70: Luring a child

Some of the most reprehensible crimes are those where the victims are children. In many cases, sex crimes against children start off with the child being lured away from safety by a perpetrator using bait such as a toy, a puppy, or a story that the child will be taken to his or her parents. It is a crime according to the New York Penal Code to lure a child for the purpose of committing another crime against that child. You face prosecution for luring a child under New York Penal Code § 120.60 if you lure a minor child 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 encompass a wide array of offenses: 

• Murder, 
• Violent felony,
• Kidnapping,  
• Promoting prostitution, 
• Human trafficking, 
• Any felony sex crime,
• Incest, or 
• Any crime involving child pornography.

The crime of luring a child can be categorized as either a class E felony or a class D felony, depending on the relative seriousness of the underlying offense against the child.

For Example

An 8 year old girl is walking home from school one afternoon. On her way home, a man stops his vehicle near her and explains to her that her mom was in an accident and was rushed to a hospital. The man also tells the little girl that he will take her to see her mom at the hospital. Franti, the little girl gets into the man’s car. The man drives the minor child to a secluded location and commits the felony offense of sexually assault against her. The man could face prosecuted for luring a child on top of sex crime and violent crime charges such as sexual abuse in the first degree or kidnapping in the first degree.

Offenses that are Related

Endangering the welfare of a child: New York Penal Code § 260.10

Kidnapping in the first degree: New York Penal Code § 135.25

Sexual abuse in the first degree: New York Penal Code § 135.65

Possible Defenses

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One possible defense against a luring a child charge is to demonstrate that you did not lure the child with the intent to commit any of the crimes specified in the statute.

Legal Scenario: What Would You Do?

Scenario

Your neighbor told you that a stranger approached your 10-year-old daughter at the park, offering to show her puppies in his car and trying to get her to walk away from the playground. Police arrested the man a block away, and detectives want to speak with you and your daughter about pressing charges.

What exactly does the law say about someone trying to lure my child away, and what kind of punishment could this person face?

Attorney's Answer

Under NY Penal Law § 120.70, luring a child occurs when a person aged 18 or older intentionally lures a child under 17 into a building, vehicle, or isolated area by any means, including offering gifts or making false promises, for the purpose of committing a crime against that child. This offense is classified as a Class E felony in New York, carrying a potential sentence of up to four years in prison. The prosecution does not need to prove that the intended crime was actually completed — the act of luring itself is sufficient for a conviction. You should cooperate with investigators and consider consulting a victim's advocate to ensure your daughter's rights are fully protected throughout the legal process.

This is general information only. Contact us for advice specific to your situation.

The Sentence

If you are convicted of luring a child as a class E felony, you could face a prison sentence of up to 4 years. Alternatively, if you get convicted of luring a child as a class D felony, then you face a longer prison sentence of up to 7 years behind bars. In either case, your sentence on this conviction will be in addition to whatever sentence you end up facing for being convicted of the underlying crime. Moreoever, you will end up with a criminal record and may even be required to register as a sex offender under the New York Sex Offender Registration Act (SORA).