Understanding the Crime of Luring Under Washington Law

Luring a child or a person with a developmental disability is a serious offense under Washington State law, carrying significant penalties upon conviction. Defined by RCW 9A.40.090, this statute outlines the specific actions that constitute the crime and the potential consequences for those found guilty.

What Constitutes Luring?

Under RCW 9A.40.090, an individual commits the offense of luring if they:

  1. Lure or Attempt to Lure: This involves enticing a child or a person with a developmental disability away from public visibility or into a vehicle.
  • Intent to Harm: The act must be carried out with the intent to harm the health, safety, or welfare of the individual, or to facilitate the commission of another crime.

Key Elements of the Offense

To prosecute for the Crime of Luring Under, the following factors must be established:

  • The perpetrator was a stranger to the child or the developmentally disabled person.
  • The perpetrator did not have consent from the individual’s parent or guardian to engage in the luring behavior.

Penalties for Luring

The Crime of Luring Under Luring is classified as a class C felony in Washington State. Upon conviction, the potential penalties include:

  • Up to five years of custody in state prison.
  • A maximum fine of $10,000.

Defense Strategies

Individuals charged with luring can employ several defense strategies:

Dispute Victim Status: Challenging the assertion that the alleged victim was a minor or a person with a developmental disability.

Consent from Parent or Guardian: Demonstrating that the accused had consent from the minor’s parent or guardian for the actions taken.

Constitutional Violations: Asserting that law enforcement violated constitutional rights during the investigation or arrest, such as unlawful arrest or coerced confession.

Navigating Luring Charges

If facing allegations of luring, it is crucial to seek legal counsel immediately to explore defense options and protect individual rights. An experienced criminal defense attorney can provide guidance, challenge evidence, and advocate for a fair legal process.

In cases involving accusations of luring, it’s important to understand the severity of the charges and the potential consequences. Mounting an effective defense requires a thorough understanding of the law and a strategic approach to the legal proceedings.

For more information or legal assistance regarding luring charges in Washington State, consult with the Law Office of Erin Bradley McAleer. Our team is dedicated to providing comprehensive legal representation and advocating for the rights of individuals facing criminal allegations. Call us at (360) 334-6277 for a free, confidential consultation.