Luring a child · as in force on May 31, 2026
§ 120.70 Luring a child.
1. A person is guilty of luring a child when he or she lures a child into a motor vehicle, aircraft, watercraft, isolated area, building, or part thereof, for the purpose of committing against such child any of the following offenses: an offense as defined in section 70.02 of this chapter; an offense as defined in section 125.25 or 125.27 of this chapter; a felony offense that is a violation of article one hundred thirty of this chapter; an offense as defined in section 135.25 of this chapter; an offense as defined in sections 230.30, 230.33, 230.34 or 230.34-a of this chapter; an offense as defined in sections 255.25, 255.26, or 255.27 of this chapter; or an offense as defined in sections 263.05, 263.10, or 263.15 of this chapter. For purposes of this subdivision "child" means a person less than seventeen years of age. Nothing in this section shall be deemed to preclude, if the evidence warrants, a conviction for the commission or attempted commission of any crime, including but not limited to a crime defined in article one hundred thirty-five of this chapter.
2. Luring a child is a class E felony, provided, however, that if the underlying offense the actor intended to commit against such child constituted a class A or a class B felony, then the offense of luring a child in violation of this section shall be deemed respectively, a class C felony or class D felony.
A person lures a child by drawing someone under 17 into a motor vehicle, aircraft, watercraft, isolated area, building, or part of one, for the purpose of committing against that child a listed offense: a violent felony offense under § 70.02; murder under § 125.25 or § 125.27; a felony under article 130; kidnapping under § 135.25; an offense under § 230.30, § 230.33, § 230.34 or § 230.34-a; incest under § 255.25, § 255.26 or § 255.27; or an offense under § 263.05, § 263.10 or § 263.15. ★ A conviction for any other completed or attempted crime the evidence supports, including an article 135 crime, is still allowed. The offense is normally a class E felony, but becomes a class C felony if the intended crime is class A, or a class D felony if the intended crime is class B. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.