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120.70 – Luring a child

§ 120.70 Luring a child.

  1. A person is guilty of luring a child when he or she lures a child
    into a motor vehicle, aircraft, watercraft, isolated area, building, or
    part thereof, for the purpose of committing against such child any of
    the following offenses: an offense as defined in section 70.02 of this
    chapter; an offense as defined in section 125.25 or 125.27 of this
    chapter; a felony offense that is a violation of article one hundred
    thirty of this chapter; an offense as defined in section 135.25 of this
    chapter; an offense as defined in sections 230.30, 230.33 or 230.34 of
    this chapter; an offense as defined in sections 255.25, 255.26, or
    255.27 of this chapter; or an offense as defined in sections 263.05,
    263.10, or 263.15 of this chapter. For purposes of this subdivision
    “child” means a person less than seventeen years of age. Nothing in this
    section shall be deemed to preclude, if the evidence warrants, a
    conviction for the commission or attempted commission of any crime,
    including but not limited to a crime defined in article one hundred
    thirty-five of this chapter.
  2. Luring a child is a class E felony, provided, however, that if the
    underlying offense the actor intended to commit against such child
    constituted a class A or a class B felony, then the offense of luring a
    child in violation of this section shall be deemed respectively, a class
    C felony
    or class D felony.

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