In Texas, the charge of enticing a child relates to persuading or luring a child away from his or her parent or guardian. It’s not only a very serious charge but is also frequently brought in conjunction with other serious charges. If you are facing a charge that involves a child, you need an experienced Killeen criminal defense lawyer in your corner.
Enticing a Child: The Basics
The charge of enticing a child is a complex legal matter, but there is some basic information that you should understand. Enticing a child refers to an adult who either takes a child who is under the age of 18 away from his or her parent or guardian with the specific intention of interfering with custody or who lures the child away.
The charge is a Class B misdemeanor unless the accused enticed the child away with the intention of committing a felony against him or her, which elevates the offense to a third-degree felony. The state has the burden of proving that the accused intended to interfere with the parents’ lawful custody of the child.
When the charge is a misdemeanor, the statute of limitations – or the amount of time the state has to file a charge – is two years, but this is extended to three years for felony enticement. The penalties and fines for conviction are as follows:
A conviction for a Class B misdemeanor carries up to 180 days in jail and fines of up to $2,000.
A conviction for a third-degree felony carries from 2 to 10 years in prison and fines of up to $10,000.
Community supervision for either deferred adjudication or probation can’t exceed 2 years for a Class B misdemeanor or 10 years for a third-degree felony. The charge of enticing a child can apply even in situations in which the child in question voluntarily leaves parental custody.
The Meaning of Enticement
To entice someone is to lure him or her, and children are more vulnerable to being lured into doing things that aren’t in their best interest than adults are. The charge of enticing a child often applies to luring a child into engaging in sex acts or child pornography, and it’s often done online. But not all enticement is sexually based, and it needn’t happen online.
The offense of enticing a child is a form of kidnapping, and it often arises in the context of child custody cases. These charges can be incredibly serious, so you should always face them with a seasoned Killeen criminal defense attorney at your side.
Little v. State
In Little v. State, a Texas teen became enthralled by the religious teachings of her boyfriend’s family, and the boy’s parents ultimately encouraged her to ignore her parents’ protestations and to move in with them after her mother forbade further contact. The boy’s parents were persistent and continued to contact the girl in person, by phone, and via letter.
Ultimately, the girl chose to move in with her boyfriend’s family, which led to their conviction for enticing a child. In other words, enticement can take many forms, but the underlying intent of persuading or luring a child doesn’t vary.
Common Forms of Enticement
Some of the most common forms of enticing a child include the following:
Asking a child who is on the way home from school – or is on the way to or from any other activity – to accompany the adult doing the enticing home, which includes the promise of a reward
Using the internet or electronic communications to talk a child into running away from home and meeting up with the adult doing the enticing
Promising a child gifts or money to perform sexually or to engage in sexual acts, which can be done online or in person
These are just a few examples of enticing a child, but there are many more ways for this crime to be committed. If you have committed a crime involving enticement of a child, contact a skilled Killeen criminal defense lawyer right away.
Federal Charges
Because the charge of enticing a child is often conducted online, those accused can face federal and state charges.
From the federal perspective, enticement of a child often begins with an adult who forges a relationship – typically based on false pretenses – that leads to plans to meet up, at which point the child will be abused. Enticement, however, can also involve coercing a child through either gifts, threats, or manipulation to take and send sexually explicit photos or videos.
Federal charges carry heftier fines and penalties. The minimum mandatory sentence for attempting to entice a child is a 10-year sentence without the chance of parole and up to life in prison, along with fines of up to $250,000 for following through with the enticement.
Additional Charges
Because enticement is often intended to lure children into situations in which they can be abused, additional charges often apply.
Solicitation of a Minor
The charge of solicitation of a minor is a felony that involves someone who is at least 17 years old intentionally requesting, commanding, or inducing a minor to meet up and engage in a sexual or illegal act, such as robbery or kidnapping.
The accused can solicit the minor in person or online, but when it’s done online, federal charges can apply. Online solicitation can include sexually explicit communications or the distribution of sexually explicit materials.
The Charge and Penalties
For the charge of solicitation to apply, no further sex crimes or any other kind of crime needs to be committed or even attempted. The charge of solicitation of a minor is generally a third-degree felony, but if the minor in question is under the age of 14, it can be enhanced to a second-degree felony. The fines and penalties break down as follows:
If the solicitation charge is brought as a third-degree felony, it carries 2 to 10 years in prison and fines of up to $10,000.
If the solicitation charge is brought as a second-degree felony, it carries up to 20 years in prison and fines of up to $10,000.
If the charge involves indecency with a child, registering as a sex offender is also required.
When the Charge Is Federal
Any of the following acts can lead to federal charges of solicitation:
Attempting to entice a minor to cross state lines for illicit purposes
Soliciting a minor to cross state lines via the mail or through any means of interstate commerce
Traveling across state lines – or internationally – to engage in sexual contact with a child
Knowingly transporting a minor across state lines – or transporting a minor internationally – for unlawful sexual activity
When the charge is federal, the stakes are considerably higher in terms of both penalties and fines. As such, you should have a knowledgeable Killeen criminal defense attorney by your side every step of the way.
Sexual Performance by a Child
The charge of sexual performance by a child in Texas is more serious still. This crime of sexual performance by a child refers to encouraging anyone who is under the age of 18 to engage in sexual conduct or to participate in a sexual performance. Sexual performance and sexual contact in this context include an expansive list of acts.
The charge of sexual performance by a child falls under the classification of “offenses against public order and decency,” which means it is a sex crime but isn’t of a violent or assaultive nature.
Sexual Performance
Sexual performance refers to any performance or part of a performance that includes sexual conduct by a child who isn’t yet 18 years old. The performance aspect can mean a video or motion picture, a photo, a dance, or any other visual display that an audience of one or more can watch.
Sexual Conduct
Sexual conduct, on the other hand, refers to actual or simulated sexual intercourse, the lewd exhibition of the genitals, masturbation, and beyond.
The Statute of Limitations
In Texas, the very serious nature of sexual performance of a child supports a much longer statute of limitations. As such, victims have twenty years from the date they turn 18 to file charges.
Fines and Penalties
The charge of sexual performance by a child can range from a third-degree felony to a first-degree felony. The dividing line is the child’s age and the nature of the offense – keeping in mind that subsection D refers to participation in the production, direction, or promotion of the sexual performance by a child, which can include any of the following actions:
Issuing, lending, or giving the content to someone else
Delivering the content to someone else
Transmitting, transferring, distributing, circulating, or disseminating the content to others
Exhibiting or presenting the content
Publishing the content
Selling the content
Mailing the content
Procuring or purposefully taking possession of the content
Charges involving subsection D are third-degree felonies, which carry 2 to 10 years in prison and fines of up to $10,000. However, if the child in question is under the age of 14, the charge increases to a second-degree felony, which is punishable by a prison sentence of up to 20 years and by fines of up to $10,000.
Charges involving subsection (b), which refers to inducing a child into sexual performance, is a second-degree felony unless the child is younger than the age of 14. At this point, the charge is enhanced to a first-degree felony, which carries a minimum of 5 years in prison and a maximum of 99 – along with fines of up to $10,000.
The Sex Offender Registry
The implications of being included on the Texas sex offender registry are far-reaching and should be taken seriously. The charge of enticing a child and related charges can land you on the registry, and better understanding the overarching consequences is important. Accepting deferred adjudication won’t negate registration if the underlying charge requires it.
Being listed on the Texas sex offender registry can profoundly affect all the following aspects of your life:
Your livelihood and your ability to get a job
Where you live
Where you work
Where you socialize and hang out
Failure to comply with the exacting requirements associated with Texas sex offender registration can lead to severe penalties that potentially include a felony charge.
Registration for 10 Years
Registration as a sex offender in Texas is either for 10 years or for life. While the 10-year requirement may seem relatively brief, it’s important to remember that the 10-year stint doesn’t begin until you’ve completed your sentence in its entirety. The sentence includes any deferred adjudication or community supervision, both of which require registration while they’re served.
In other words, 10 years of registration can translate to far more than just 10 years on the registry.
Registration for Life
Registration for life means just what it says, and there is very little hope of getting off the sex offender registry unless you are cleared on appeal.
The Risk-Level Assigned
If you are required to register as a sex offender in Texas, you will be assigned a risk level that indicates how likely you are in the eyes of the state to reoffend. These levels include the following distinctions:
Level 1, which is the lowest and refers to presenting a low risk for engaging in criminal sexual conduct
Level 2, which refers to a moderate risk of engaging in criminal sexual conduct
Level 3, which refers to a serious risk of – and even the likelihood of – engaging in criminal sexual conduct
There is also a category for exceptionally dangerous offenders who are sexually violent predators and are civilly committed while they undergo treatment for sex offenders.
Seek the Legal Guidance of an Experienced Killeen Criminal Defense Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a formidable criminal defense attorney with decades of impressive experience fiercely defending the rights of his valued clients who face serious charges like enticing a child, and he’s standing by to help you.
The outcome of your case will play a critical role in your future, and we encourage you not to put off reaching out to contact us online or call us at (254) 781-4222 to schedule your FREE consultation today.