Criminal Child Enticement

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defense for criminal child enticement charges in ohio and kentuckyCriminal child enticement involves the attempt to entice, lure, tempt, or persuade any child to enter, leave, or stay in any building, vehicle, or place if such act is done with the use of force or with the intent to commit rape, indecent assault, battery, dissemination of material harmful to children, unnatural and lascivious acts, indecent exposure, or other sexual offenses.

The Ohio Statute on "Child Enticement" defines it as:

(A) No person, by any means and without privilege to do so, shall knowingly solicit, coax, entice, or lure any child under fourteen years of age to accompany the person in any manner, including entering into any vehicle or onto any vessel, whether or not the offender knows the age of the child, if both of the following apply:

(1) The actor does not have the express or implied permission of the parent, guardian, or other legal custodian of the child in undertaking the activity.

(2) The actor is not a law enforcement officer, medic, firefighter, or other person who regularly provides emergency services, and is not an employee or agent of, or a volunteer acting under the direction of, any board of education, or the actor is any of such persons, but, at the time the actor undertakes the activity, the actor is not acting within the scope of the actor's lawful duties in that capacity.

(B) It is an affirmative defense to a charge under division (A) of this section that the actor undertook the activity in response to a bona fide emergency situation or that the actor undertook the activity in a reasonable belief that it was necessary to preserve the health, safety, or welfare of the child.

(C) Whoever violates this section is guilty of criminal child enticement, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, section 2907.02, 2907.03, or 2907.12 of the Revised Code, or section 2905.01 or 2907.05 of the Revised Code when the victim of that prior offense was under seventeen years of age at the time of the offense, criminal child enticement is a felony of the fifth degree.

Defending Crimes Against Children

child accusing adult of criminal child enticementIn light of the fact that criminal child enticement charges are highly unacceptable to the public, prosecutors are under extreme pressure to pursue and convict those charged with this type of sex crime. Prosecutors may even coax the testimony of a child in such a way that it exaggerates their case against you. Jurors may also lower their standards requiring much less proof of guilt than with any other type of crime.

If you are facing criminal child enticement charges, it is crucial to have legal representation with specialized expertise in defending those accused of crimes against children.



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