In Florida, trying to lure or entice a child can land you in serious legal trouble, even if you never made physical contact and even if no harm occurred; these laws are specifically in place to protect children. Just the intent or attempt to get a child into a place or situation for unlawful reasons can lead to criminal charges and land you in Florida state prison.
At Mike G Law, we know that being accused of a sex crime involving a minor is devastating. We also know that an accusation doesn’t mean guilt. Every person deserves a strong legal defense from an experienced criminal defense attorney well-versed in sex crimes like Mike G. If you’ve been arrested or are under investigation for child enticement in Florida, here’s what you need to know.
What Is Considered Child Enticement Under Florida Law?
Florida law uses the phrase “luring or enticing” to describe attempts to get a child under 12 years old to enter a building, vehicle, or secluded area without their parent or guardian’s consent. The relevant Florida Statute is § 787.025, titled Luring or Enticing a Child.
According to the statute:
A person commits the offense of luring or enticing a child when he or she intentionally lures, entices, or attempts to lure or entice a child under the age of 12 into a structure, dwelling, or vehicle for any purpose, without the consent of the child’s parent or legal guardian.
This statute is broad, and that’s part of the problem. You don’t have to physically touch the child, and the law doesn’t even require proof that you intended to commit a sex act. The act of trying to lure or entice alone can be enough to trigger charges that, if proven, commits a felony.
That means someone could be charged for:
- Asking a child to come into their vehicle, home, or business
- Trying to convince a child to follow them or go somewhere private
- Even making an “innocent” offer—if the parent didn’t consent, it could be interpreted as criminal and unlawful sexual conduct
Penalties for Luring or Enticing a Child in Florida
The penalties depend on the circumstances of the alleged victim and if the alleged perpetrator has been previously convicted of other criminal charges. Once you’re charged with an alleged offense, your freedom, reputation, and future are on the line.
Under Florida Statute § 787.025, luring or enticing a child under 12 is first classified as a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine) if you haven’t been previously convicted of similar offenses. However, it becomes a third-degree felony (up to 5 years in prison and $5,000 in fines) if you have a prior conviction for luring a child or another specified sex offense.
Even if the target was actually an undercover law enforcement officer, the charges still hold because intent matters, not whether the child was real.
Felonies are typically associated with severe legal penalties if the prosecution succeeds in convicting the defendant, so it is essential to understand the potential consequences. It’s also critical to understand that prosecutors often add more serious charges, especially when the case involves the internet, travel, or any suspected sexual motivation.
In those cases, the charges can escalate quickly to an added, separate offense:
- Lewd or lascivious exhibition or sexual conduct with a child
- Online solicitation of a minor
- Traveling to meet a minor for sexual purposes
- Attempted sexual battery
- Human trafficking
- Child abuse
For example, for charges relating to traveling to meet a minor (a second-degree felony) under Fla. Stat. § 847.0135(4)(a), the minimum penalty is 21 months in prison, with a maximum of 15 years and up to $10,000 in fines.
Clearly, the consequences for this crime are no trivial matter, and anyone facing these charges will require the assistance of a skilled and experienced criminal defense attorney.
Sex Offender Registration Consequences
Although a simple luring charge under § 787.025 may not automatically require sex offender registration, related or upgraded charges and subsequent offenses might. If prosecutors stack charges—especially anything involving sexual intent or communication—sex offender registration becomes a real risk.
Once someone is registered, it affects where they can live, work, and even travel. It’s crucial to halt the process early and contest the charges before they escalate.
Affirmative Defense Strategies For Fighting False Child Enticement Charges in Florida
Mike G takes an aggressive, strategic approach to defending these cases. Depending on the facts, effective defenses may include:
Lack of Criminal Intent
The state must prove beyond a reasonable doubt that a person’s actions intentionally lured or enticed the child. If the interaction was misunderstood, misrepresented, or had a lawful purpose, he might press for dismissal or reduced charges.
Parental Consent
If the parent or legal guardian gave permission—whether explicitly or through prior arrangement—that might defeat the charge.
Mistaken Identity
In some cases, a child or witness may have misidentified and falsely accused the person involved. Surveillance footage, phone records, or alibis can clear your name.
No Isolated or Private Location
The statute requires the attempt to lure the child into a dwelling, structure, or motor vehicle. If no such element exists, the case may not meet the legal standard.
What Happens If the Internet Is Involved?
If messages, chat apps, or social media were used, the case could fall under Florida’s Computer Pornography and Child Exploitation Prevention Act (Fla. Stat. § 847.0135). That statute includes:
- Online solicitation of a minor
- Misrepresentation of age to commit a sex offense
- Travel to meet a minor after solicitation
These are felony charges, and many of them carry mandatory prison sentences.
Even if no meeting ever occurred, again, just the intent to solicit or entice is enough for a felony conviction.
When Does a Florida Child Enticement Case Become Federal?
A state case can quickly become a federal child enticement charge for a child under the age of 18 if certain factors are involved. If the alleged communication crossed state lines—such as texting, emailing, or messaging someone in another state—or used the internet or any form of interstate commerce, federal authorities may take over. Federal charges typically come with harsher penalties, including mandatory minimum sentences under 18 U.S.C. § 2422.
If there’s even a chance federal prosecutors could pick up your case, you need a defense attorney who understands both state and federal law—and how to protect your rights in either court.
Protect Your Future with an Experienced Florida Sex Crime Criminal Defense Attorney
Call Mike G Law Now for a Free Consultation and Legal Assistance
A charge like child enticement can destroy your life before you even set foot in court. You need someone who understands both the legal strategy and the human cost of these accusations.
Mike G is a former prosecutor who knows how sex crimes are charged, negotiated, and tried in Florida. He’s built strong relationships with local law enforcement and prosecutors, and he’s respected in court for his thorough, no-nonsense approach.
Everyone deserves a fair fight in their unique circumstances. If you’re being investigated or have already been arrested for child enticement in Florida, don’t wait to get legal assistance. Early legal intervention might mean the difference between a dropped case and a felony conviction.
Call Mike G Law today for a confidential, no-obligation consultation. Get honest answers, a real strategy, and a legal team that knows how to defend you.
