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F.S. 787.025 on Google Scholar

F.S. 787.025 on Casetext

Amendments to 787.025


The 2019 Florida Statutes

Statutes updated from Official Statutes on: September 19, 2019
Title XLVI
CRIMES
Chapter 787
KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED OFFENSES
View Entire Chapter
F.S. 787.025 Florida Statutes and Case Law
787.025 Luring or enticing a child.
(1) As used in this section, the term:
(a) “Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.
(b) “Dwelling” means a building or conveyance of any kind, either temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging together therein at night, together with the curtilage thereof.
(c) “Conveyance” means any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car.
(d) “Convicted” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.
(2)(a) A person 18 years of age or older who intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A person 18 years of age or older who, having been previously convicted of a violation of paragraph (a), intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) A person 18 years of age or older who, having been previously convicted of a violation of chapter 794, s. 800.04, or s. 847.0135(5), or a violation of a similar law of another jurisdiction, intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) It is an affirmative defense to a prosecution under this section that:
(a) The person reasonably believed that his or her action was necessary to prevent the child from being seriously injured.
(b) The person lured or enticed, or attempted to lure or entice, the child under the age of 12 into a structure, dwelling, or conveyance for a lawful purpose.
(c) The person’s actions were reasonable under the circumstances and the defendant did not have any intent to harm the health, safety, or welfare of the child.
History.s. 1, ch. 95-228; s. 8, ch. 99-201; s. 3, ch. 2000-246; s. 1, ch. 2006-299; s. 20, ch. 2008-172.
F.S. 787.025 on Google Scholar

F.S. 787.025 on Casetext

Amendments to 787.025


Arrestable Offenses / Crimes under Fla. Stat. 787.025
Level: Degree
Misdemeanor/Felony: First/Second/Third

787.025 2a - CRIMES AGAINST PERSON - 18 YOA OR OLDER LURE ENTICE CHILD UNDER 12 YOA - M: F
787.025 2b - CRIMES AGAINST PERSON - 18 YOA OLDER LURE ENTICE UND 12 YOA SUBSQ OFF - F: T
787.025 2c - CRIMES AGAINST PERSON - 18 YOA OLDR PREV CONVIC LURE ENTICE UND 12 YOA - F: T


Civil Citations / Citable Offenses under S787.025
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 787.025.


Annotations, Discussions, Cases: