The crime of Enticement of a Child Under Age 16 punishes the act of “enticing” a child who is under the age of 16. For the purposes of this crime, “entice” means to lure, induce, persuade, tempt, incite, solicit, coax or invite.
Under Massachusetts criminal law, the crime of Enticement of a Child Under Age 16 is a felony sex offense and may be found at Massachusetts General Laws, Chapter 265, Section 26C(b).
Legal Elements of Child Enticement
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In order to be found guilty of Enticement of a Child Under Age 16 under Massachusetts criminal law, there must be strong evidence of the following four legal elements:
- the defendant used words, gestures, or other means to entice the complainant;
- the complainant was under age 16 or someone the defendant believed to be a child under the age of 16;
- the defendant enticed that person to enter, exit or remain within any vehicle, dwelling, building or other outdoor space;
- the defendant had the specific intent to commit the alleged underlying offense.
What Underlying Crimes are Included for the Purposes of Enticement
In order to be found guilty of Enticement of a Child Under the Age of 16, the defendant must not only have intended to commit the specific underlying offense but also intended that the object of his sexual advances be an underage individual.
Massachusetts General Laws, Chapter 265, Section 26C(b) provides a list of 24 offenses for which are punishable by the statute. The statute also provides that any offense that has as an element the use or attempted use of force also qualifies as an underlying offense.
Potential Punishment if Convicted of Child Enticement in Massachusetts
The potential consequences for Child Enticement, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 26C(b).
A defendant convicted of Child Enticement shall be sentenced to a term in state prison that does not exceed five years, or in a jail or house of corrections for not more than 2 ½ years.
Because Child Enticement is a sex offense, convicted offenders must also comply with statutory sex offender registration and treatment requirements.