Convictions for a type of kidnapping crime known as luring of a minor are taken very seriously by Illinois courts, and can be met with harsh punishment under Illinois law. If you have been accused of luring of a child in Illinois, you must secure representation by a local criminal defense lawyer immediately.
The basic definition of luring of a child is when an adult contacts a child with the intent to lure them away from an approved location in order to commit an unlawful act. Luring of a child abduction involves many different elements. Specifically, the offender must:
- Be 18 years of age or older;
- Knowingly contact or communicate electronically to a minor;
- Know the minor is under 15 years of age; and
- Intend to persuade, lure or transport the minor away from his or her home or another location for an unlawful purpose.
- Not have express consent of the child’s parent or legal guardian;
- Intend to avoid the express consent of the person’s parent or legal guardian;
- After communicating with the child, commit any act in that would further their attempt to lure the child; and
- Be a stranger to the parents or legal guardian of the minor.
The law lays out several defenses to luring of a minor, including that the accused reasonably believed that the minor was over 15 years old, or that the accused was helping the minor in an emergency.
Penalties for Luring of a Minor
A first offense will be considered a Class 4 felony. If convicted, an offender must undergo a sex offender evaluation prior to a sentence being imposed. If a prior conviction for a sex offense is found, the penalty will be increased to a Class 2 felony. Repeat offenses will be considered Class 3 felonies. If an offender is 18 or over, but still under age 21 when the alleged crime takes place, it will be considered a Class B misdemeanor. Repeat offenses will be considered Class 4 felonies. According to criminal attorney Steven Goldman, if you can prove you had no intent or no knowledge of the fact the person was a minor, or if you can prove the minor lied – you have may some defenses.
Any offender with a prior sex offense conviction who commits a second or subsequent offense will be charged with a Class 1 felony, and if convicted, must register as a sexual predator of children. A third or subsequent offense committed by someone with a prior conviction is a Class X felony.
Because of the potential for very a harsh sentence, if you have been charged with luring of a minors, seek the counsel of an experienced Chicago defense lawyer immediately. Goldman & Associates will fight to preserve your freedom and your reputation.Contact us now to make an appointment for a free consultation on your case..