Florida statute

Fla. Stat. § 787.025 — Luring or enticing a child

Current through 2025 Florida Statutes

Part of Chapter 787: Kidnapping; Custody Offenses; Human Trafficking; And Related Offenses, Florida Statutes.

Criminal charges under this statute

Luring or enticing a child

Full text of Fla. Stat. § 787.025

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 787.025Primary source, current through the 2025 Florida Statutes

(1) As used in this section, the term:(a) “Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.(b) “Dwelling” means a building or conveyance of any kind, either temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging together therein at night, together with the curtilage thereof.(c) “Conveyance” means any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car.(d) “Convicted” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. (2)(a) A person 18 years of age or older who intentionally lures or entices, or attempts to lure or entice, a child under the age of 14 into or out of a structure, dwelling, or conveyance for other than a lawful purpose commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(b) A person 18 years of age or older who, having been previously convicted of a violation of paragraph (a), intentionally lures or entices, or attempts to lure or entice, a child under the age of 14 into or out of a structure, dwelling, or conveyance for other than a lawful purpose commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(c) A person 18 years of age or older who, having been previously convicted of a violation of chapter 794, s. 800.04, or s. 847.0135(5), or a violation of a similar law of another jurisdiction, intentionally lures or entices, or attempts to lure or entice, a child under the age of 14 into or out of a structure, dwelling, or conveyance for other than a lawful purpose commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) It is an affirmative defense to a prosecution under this section that:(a) The person reasonably believed that his or her action was necessary to prevent the child from being seriously injured.(b) The person lured or enticed, or attempted to lure or entice, the child under the age of 14 into or out of a structure, dwelling, or conveyance for a lawful purpose.(c) The person’s actions were reasonable under the circumstances and the defendant did not have any intent to harm the health, safety, or welfare of the child.

Official sources

Legal terms used in this section

Questions this section answers

Is luring or enticing a child a felony or a misdemeanor in Florida?

It depends on the circumstances: luring or enticing a child ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 787.025.

Luring or enticing a child — first offense: Felony of the Third Degree (Fla. Stat. § 787.025(2)(a)) · Luring or enticing a child — prior conviction under (2)(a): Felony of the Second Degree (Fla. Stat. § 787.025(2)(b)) · Luring or enticing a child — prior sexual offense conviction: Felony of the Second Degree (Fla. Stat. § 787.025(2)(c))

Which Florida statute covers luring or enticing a child?

Luring or enticing a child is governed by Fla. Stat. § 787.025 (Luring or enticing a child).

This reference is informational and is not legal advice.