§ 16-15-340 — Luring a child; penalties.

(A) As used in this section, "child" means a person under sixteen years of age. (B) A person eighteen years of age or older who, with the intent to harm a child or for any other unlawful purpose, lures, entices, or attempts to lure or entice a child, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both. (C) Mistake of age is not a defense to prosecution pursuant to the provisions of this section. However, it is an affirmative defense to prosecution pursuant to the provisions of this section if the: (1) person lured, enticed, or attempted to lure or entice, the child for a lawful purpose; or (2) person's actions were otherwise reasonable under the circumstances, and the person did not have the intent to harm the child. (D) The penalties provided in this section are in addition to other penalties as provided by law for kidnapping or any other offense, as warranted. The offense of luring a child is not intended to be a lesser included offense of kidnapping or any other offense.

Legislative History

HISTORY: 2024 Act No. 213 (S.142), SECTION 5, eff July 2, 2024.