Enticing a Child | Penal Code 25.04

Enticing a Child: State and Federal Charges

Enticement of a child is a serious legal offense, both at the state level in Texas and under federal law. While Texas Penal Code 25.04 specifically targets the interference with lawful custody of a child, federal law under 18 U.S.C. § 2422 focuses on the enticement of individuals, including minors, into illegal sexual activities.

Understanding the differences between these two sets of laws—what they criminalize, their penalties, and the challenges in facing such charges—can be vital for anyone accused of these offenses.

Enticement of a Child (Texas Penal Code 25.04)

In Texas, enticement of a child refers to knowingly luring, persuading, or taking a child under 18 years of age from their lawful guardian with the intent to interfere with legal custody. This law is designed to protect minors from being unlawfully taken or enticed, especially in situations involving custodial disputes or potential harm.

Elements of the Offense

To convict someone of enticing a child under Texas Penal Code 25.04, the prosecution must prove:

Intent to Interfere with Lawful Custody: The accused must have acted with the specific intent to disrupt the lawful custody of the child.
Knowingly Enticing or Taking: The accused must have knowingly enticed or persuaded the child from their legal custodian.
Child Under 18: The victim must be younger than 18 years of age.

Is Sex Offender Registration Required?

Under Texas law, sex offender registration is not required for the offense of enticing a child.

Penalties Under Texas Law

If convicted under Penal Code 25.04, the penalties can vary based on the nature of the offense:

Class B Misdemeanor: Punishable by up to 180 days in jail and a fine of up to $2,000.

Third-Degree Felony: If intent to commit a felony against the child is proven, the punishment includes 2 to 10 years in prison and a fine of up to $10,000.

Defenses to Enticing a Child in Texas

Possible defenses to this charge include:

Necessity Defense: Arguing that the accused acted to protect the child from harm or danger.
Challenging Custody: The argument that the person who had the child was not the lawful guardian.
Lack of Intent: Claiming that there was no intent to interfere with lawful custody.

Challenges of Facing a Charge

Enticement of a child charges can be emotionally charged cases, and the penalties can escalate depending on the circumstances. Felony charges bring severe prison time and significant fines, while the personal and professional consequences of an accusation can be long-lasting.

Enticing a Child (Texas Penal Code 25.04)

Enticing a child involves knowingly enticing, persuading, or taking a child under 18 years of age from the custody of the child’s parent or guardian with the intent to interfere with lawful custody.

Elements:
- Knowingly enticing, persuading, or taking a child under 18.
- Intent to interfere with lawful custody.
Penalties: Generally a Class B misdemeanor, punishable by up to 180 days in jail and/or a fine of up to $2,000. Can be elevated to a third-degree felony if the intent is to commit a felony against the child, punishable by 2 to 10 years in prison and/or a fine of up to $10,000.

Interfering with Child Custody (Texas Penal Code 25.03)

Interfering with child custody involves taking or retaining a child under 18 years of age in violation of a court order or judgment, or with the intent to deprive a person entitled to possession or access to the child.

Elements:
- Taking or retaining a child under 18.
- Violation of a court order or judgment.
- Intent to deprive a person entitled to possession or access.
Penalties: A state jail felony, punishable by up to 2 years in state jail and/or a fine of up to $10,000.

Difference Between Enticing a Child and Interfering with Child Custody in Texas

Intent: Enticing a child focuses on the intent to interfere with lawful custody by enticing or persuading the child, while interfering with child custody involves violating a court order or judgment.
Scope: Enticing a child can involve any person, not just parents, while interfering with child custody often involves disputes between parents or guardians.
Penalties: While both offenses can lead to significant penalties, interfering with child custody is always a felony, whereas enticing a child can be either a misdemeanor or a felony depending on the circumstances.

Federal Charges: Coercion and Enticement Under 18 U.S.C. § 2422

At the federal level, enticement crimes are covered under 18 U.S.C. § 2422, which focuses on illegal sexual activities, particularly involving minors and crossing state lines or using interstate communications such as the internet.

What Does 18 U.S.C. § 2422 Prohibit?

This federal law addresses two major types of criminal conduct:

18 U.S.C. § 2422(a): It is a federal crime to knowingly persuade, induce, entice, or coerce an individual to travel across state or international borders to engage in prostitution or other illegal sexual activity.
18 U.S.C. § 2422(b): This section makes it a crime to persuade or entice anyone under 18 years old to engage in illegal sexual activities using any form of interstate communication.

Severe Penalties for Federal Enticement Charges

Federal penalties for violating 18 U.S.C. § 2422 include:

For violations of 18 U.S.C. § 2422(a): Up to 20 years in prison and fines up to $250,000.
For violations of 18 U.S.C. § 2422(b): Mandatory minimum sentences of 10 years, with a maximum of life imprisonment.

Jurisdiction and the Scope of Federal Enticement

The law applies to any form of interstate communication, including the use of the internet, phone, or mail, and extends to U.S. territories, vessels, and aircraft under U.S. control.

Example Scenarios of Violations

Example 1: Using an online forum to recruit individuals into a prostitution ring across state lines can lead to charges under § 2422(a).
Example 2: Persuading a minor to travel between states for illegal sexual acts would lead to charges under § 2422(b).

Related Federal Laws

Other federal laws that complement 18 U.S.C. § 2422 include:

18 U.S.C. § 2421: Transportation for illegal sexual activity.
18 U.S.C. § 2423: Transportation of minors for illegal sexual activity.
18 U.S.C. § 2425: Using facilities to transmit information about minors.
And several more that address related criminal activities like child pornography and human trafficking.

Key Differences Between Texas and Federal Charges

Jurisdiction: Texas Penal Code 25.04 focuses on custodial interference, while federal law targets illegal sexual activities, often involving the crossing of state lines.
Scope of Activity: Texas law is broader in the sense of custodial interference, whereas federal law focuses strictly on sexual misconduct.
Penalties: Federal penalties tend to be far more severe, especially when minors are involved, with mandatory minimum sentences and potential life imprisonment.

Related Charges

Conclusion

Enticement of a child is a serious charge, whether under Texas law or federal law. While Texas Penal Code 25.04 focuses on interference with lawful custody, federal law under 18 U.S.C. § 2422 deals with the enticement of individuals into illegal sexual activities. If you or a loved one has been charged, give a call today. We can help.