Washington State Luring Charge Lawyers

It is called a kidnapping when someone is kidnapped against their will and either by force or trickery. False imprisonment is when someone holds someone else against their will without a valid basis. There is another kidnapping offense in Washington State known as “luring.”

Can the Crime of Luring Happen to an Adult?

Yes. A luring charge typically pertains especially to adolescents under the age of 16. However, adults with developmental disabilities are also subject to the fee.

What Does “Luring” in Washington State Mean?

In Washington State, luring occurs when a person:

• Does not have the victim’s or victim’s parent’s consent;
• Is not someone the victim knows;
• Orders, attempts to order, entices, or convinces someone to enter a structure or area inaccessible to the public

What Behaviors Could Result in a Luring Charge?

Washington’s broad enticing law aims to encompass as much conduct that could be harmful to children or persons with developmental impairments as possible. Although it is still necessary for the government to demonstrate that the defendant intended to invite a child or a person with developmental disabilities in violation of the law, the definition of an invitation under the statute is fairly broad.

As a result, no particular words or phrases must be used in communication with an unidentified kid or a person with developmental disabilities for law enforcement to classify the exchange as enticing. All that is required is some sort of invitation, even to a publicly inaccessible open-air area, to a location hidden from view.

In accordance with the enticing law, for instance, Washington courts have determined that asking a youngster whether he wanted sweets and then informing him there was candy at the defendant’s house constituted sufficient invitation and inducement.

Only in exchanges when the defendant is unknown to the child or person with developmental disabilities do charges of luring emerge. It is irrelevant whether the victim may recognize the defendant as a result of a few isolated, brief meetings in the past for the defendant to be deemed a “stranger” The purpose of the luring statute, which is to protect vulnerable minors and people with developmental disabilities, is not furthered, according to Washington courts, if an exception to the law is made for people who have developed a brief, superficial relationship with a child (i.e., the child recognizes the defendant as the ice cream man from a few prior, limited encounters).

In These Cases, What is at Stake?

In Washington, luring is a Class C felony, punishable by up to five years in jail, a $10,000 fine, or both. After serving their term, those convicted of felonies may find it more difficult to find a job, housing, or education opportunities. Sometimes, they may even find it challenging to see their minor children for a while.

A conviction for a crime against a child or a person with developmental disabilities still carries a stigma, even though luring is not formally classified as a sex offense under Washington law.

Frequently, it is assumed that a sex offense would have taken place if the victim had not left the area quickly enough. Those found guilty may experience rejection from their loved ones, friends, and the general public. There is no reason to lose hope, even though these are undoubtedly serious repercussions.

How Your Defense Will Be Presented by a Lawyer

Law enforcement might file charges for enticing even if the defendant acted innocently, thanks to how the law is structured. The crucial question is whether the defendant intended to hurt, abuse sexually, or do some other crime. In many of these situations, no sexual contact occurs, maybe due to the young or developmentally impaired person running away before it can.

A lawyer will refute the government’s claims that you had criminal intent and provide your version of events as persuasively as possible. If necessary, they will also fight for the most appropriate remedy, arguing that therapy should be substituted for at least some of the prison time that would otherwise be imposed.

A good defense lawyer can frequently obtain a sentence that has the majority of the characteristics of an SSOSA in the right circumstances by persuading the court that a particular combination of treatment and time in custody is more appropriate for a given defendant’s circumstances, even though a conviction for luring is not eligible for a Special Sex Offender Sentencing Alternative (SSOSA). The most significant of these characteristics is that an SSOSA may involve counseling and treatment related to the offense instead of only imposing prison time.

Having a Defense Lawyer on Your Side

Many lawyers build their firms on the basis of respect and compassion. They spend time learning about you and your case. They will start there with their tenacious support of you.

Next is their experience. Lawyers have defended cases of particular attacks like luring for many years. Due to that and their ongoing research into the law, medicine, and psychology related to these issues, they have extraordinary ability.

And they combine that talent. Lawyers function as a unit. No matter how talented they are, no one lawyer will have all the right solutions for your case, and they are aware of this.

What is Luring Children?

Any sort of behavior that constitutes a sexual felony against a minor kid, or the conspiracy to participate in such behavior, is referred to as “child enticement.” Both Washington state and federal laws allow for charges to be brought for kidnapping.

Child enticement laws define an offender as someone who lures or entices a child to a remote location with the intent to perform a criminal sexual act through the mail or another form of contact.

If found guilty of luring a child, the punishments can be severe, and it may be necessary to register as a sex offender. Child enticement is distinct from the much more comprehensive crime of child endangerment, which addresses behaviors that put the child’s mental and physical well-being in danger (such as driving while intoxicated with a child in the car, leaving a child unattended, or failing to report child abuse).

Do Charges of Luring in Washington State Have Any Defenses?

Yes. The defense attorney for the defendant must demonstrate beyond a reasonable doubt that their client had no desire to endanger the victim’s welfare, safety, or health. The offender must demonstrate that there were justifiable reasons why they gave the victim an order to go somewhere they couldn’t get to or lured them there.

Is Luring the Same as Interference with Custody?

No. Custodial interference is when a parent entices or removes a child from their legal guardian or parent. In most enticing cases, the defendant cannot be the minor’s parent since the youngster would know the parent.

What Is Washington State’s Penalty for Luring?

A conviction for enticing is a class C felony. Accordingly, a convicted offender might receive up to 5 years in prison and/or a $10,000 fine.

Should I Speak to a Lawyer About My Charge of Lure?

Yes. Contact a criminal attorney in Washington to find out more about your options for handling this criminal charge. Use LegalMatch to find the right lawyer for your needs today.