What Does it Mean to Entice a Minor?

As advances in technology have changed the way we communicate and interact with one another. These advances have changed the way some crimes are committed.

Enticing a minor is a criminal offense that the Utah legislature enacted after some individuals were engaging in inappropriate conversations and acts with children over the internet.

Enticing a minor is a crime when a person uses the Internet, text messages, or other digital or electronic means to lure a minor into appropriate behavior.

Enticing a minor can be charged both in federal court or in state court.

Attorney for Enticing a Minor Charges

If you or someone you know has been charged with enticing a minor or is under investigation for unlawful sex with a minor, or any other criminal offense, contact Susanne Gustin Attorney at Law.

Susanne Gustin represents clients charged with sex crimes and other offenses throughout Salt Lake City, Utah.

She is an experienced criminal defense attorney who has practiced more than twenty-five years. She takes cases throughout Salt Lake City, UT, and in the surrounding areas of Toole County, Utah County, Summit County, Weber County, and Davis County, Utah.

Call (801) 243-2814 or submit an evaluation form to schedule an appointment Susanne Gustin.

Enticing a Minor Information Center

What are the Elements of Enticing a Minor?
What are the Useful Definitions in the Statute?
What are the Penalties for Conviction?
Can I Be Federally Charged?
Where Can I Find Out More About This Crime?

Elements of Enticing a Minor under Sec. 76-4-401

Before convicting an individual of enticing a minor in violation of Utah Criminal Code Section 76-4-401, the State must prove the following elements (remove comma) beyond a reasonable doubt:

The offender knowingly used the Internet or text messages to do or attempt to do any of the following to the victim:

Solicit
Seduce
Lure
Entice

The offender did or attempted to do the above to engage in any sexual activity, which is a violation of state criminal law;

The victim is a minor or the offender believes the victim to be a minor.

A person also commits the crime of enticing a minor when the person knowingly uses the Internet or text messaging to do the following:

Initiate contact with a minor or a person the actor believes to be a minor; and

Subsequently to initiating contact with the minor, by an electronic or written means, solicits, seduces, lures, or entices the minor or a person the offender believes to be a minor to engage in any sexual activity, which is a violation of state law.

Useful Definitions for Section 76-4-401

In understanding the criminal offense of enticing a minor, it is important to know the definition of multiple legal terms used in the statute.

“Text messaging “ is defined as a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone, computer, or other electronic communication device to another person’s telephone, computer, or other electronic communication device by addressing such communication to the person’s telephone number or other electronic communication access code or number.

“Minor” is defined as a person who is under the age of 18.

Penalties for a Section 76-4-404 Conviction

The penalties for a conviction for enticing a minor can be harsh, especially if the crime is coupled with some other act such as:

Section 76-5-301.1 –Child Kidnapping;
Section 76-5-402 –Rape;
Section 76-5-403.1 –Sodomy of a Child;
Section 76-5-404 –Forcible Sexual Abuse;
Section 76-5-405 –Aggravated Sexual Assault;
Section 76-5-402.1 –Object Rape;

Federal Restitution for Enticing a Minor

An alleged offender may be charged both federally and by the State of Utah if he or she is caught enticing a minor across State lines. If an individual is charged with a federal offense for enticing a minor in violation of 18 U.S.C. § 2422(b), then the person may also be required to pay restitution for any resulting issues that result from the abuse.

Under the Mandatory Victim’s Restitution Act, a convicted offender may be required to pay damages to a victim who suffered monetary damages from a defendant’s abuse.

On May 13, 2015, the United States Court of Appeals for the Eleventh Circuit required a defendant, who had been convicted of enticing a minor to engage in sexual activity, to pay restitution to the minor’s parents for her mental health expenses. In 2016, the United States Supreme Court declined to review the case, in essence affirming the 11th Circuit Court’s decision.

Additional Resources

Utah Criminal Code Sec. 76-4-401 –Enticing a Minor – Visit the Utah Legislature’s official website for the full statutory language of the crime of enticing a minor to engage in sexual activity. The website also contains the potential penalties associated with a conviction.

Mandatory Restitution For Enticing a Minor for Sexual Purposes: Additional Punishment or Compensation for the Victim – Article in the American Bar Association’s Journal of Gender, Social Policy & the Law, written by Myra S. Reyes exploring whether coercion an enticement of a minor is a crime of violence under 18 U.S.C. § 16(b) and U.S.S.G §4B1.2(a)(2).

Find a Lawyer for Enticing a Minor Charges in Utah County, UT

If you or someone you know is facing criminal charges for enticing a minor to engage in sexual activity, contact an experienced criminal defense attorney as soon as possible.

Susanne Gustin is an experienced criminal defense attorney who has been practicing law for 30 years. She takes cases throughout Salt Lake City, UT, and in the surrounding areas of Summit County, Utah County, Weber County, Toole County, and Davis County, Utah.