COVID-19 Update: How We Are Serving and Protecting Our Clients

Enticing a Child under 16

Massachusetts has a variety of laws designed to protect its underage citizens. In an effort to keep the young and innocent youth away from those who wish to enact harm, Massachusetts criminalizes the act of enticing a child under the age of 16. As defined by the law, to entice is to lure, induce, persuade, tempt, incite, solicit, coax or invite. Pursuant to Massachusetts G. L. c. 265, s. 26C anyone who entices a child under the age of 16 (or someone he believes to be a child under the age of 16) to enter, exit or remain in any vehicle, building, dwelling or other outdoor space with the intent to violate any offense that has an element of use or attempted use of force shall be subject to punishment. For a complete list, please see below. The offender shall be punishable by the following:

  • Imprisonment in the state prison for no more than 5 years, or
  • Imprisonment in a house or correction for no more than 2.5 years, or
  • A maximum fine of $5,000, or
  • By both fine and imprisonment.

Be aware of enticement of a child Craigslist Sting Operations. If you have been charged with enticing a child under 16, the prosecutor must prove you committed every element of the offense beyond a reasonable doubt. As there are three prongs to this offense, one regarding the intent of the offender, the burden of proof may be difficult to satisfy. Therefore, it is important to contact a skilled Massachusetts criminal defense attorney educated in Boston who is experienced in these types of situations and can work with you to develop the best legal defense for your case.

What Must the Prosecution Prove?

In order to be convicted of this offense, the prosecution must be able to prove three things beyond a reasonable doubt. First, they must prove that the alleged victim was a person 16 years of age or that the suspect thought that the alleged victim was under 16; second, they must prove that the suspect tempted the alleged victim to either enter, exit, or remain within a vehicle, dwelling, building, or outdoor space; Third, they must prove that the defendant did so with the intent that they would, or another person would commit any of the following offenses:

  • Indecent assault and battery on a person with an intellectual disability, on a person under 14 years of age or on a person 14 years or older [G.L. c. 265, §§ 13B, 13F or 13H]
  • Rape a child with force who is under 16 years of age and abuse a child with force who is under 16 years of age [G.L. c. 265, §§ 22, 22A or 23]
  • Assault a child under 16 years of age with intent to commit rape [G.L. c. 265, §§ 24 or 24B]
  • The inducement of a minor to become a prostitute [G.L. c. 272, § 4A]
  • Open and gross lewdness [G.L. c. 272, § 16]
  • Spread matter harmful to a minor [G.L. c. 272, § 28]
  • Spreading or possessing to disseminate obscene matter [G.L. c. 272, § 29]
  • Presenting or displaying a person under the age of 18 in a state of nudity or sexual conduct [G.L. c. 272, § 29A]
  • Knowingly buying or having visual material of a child under 18 in sexual conduct [G.L. c. 272, § 29C]
  • Unnatural and lewd acts with a child under 16 [G.L. c. 272, § 35A]
  • Accosting or bothering a person of the opposite sex [G.L. c. 272, § 53]
  • Common nightwalker or streetwalker [G.L. c. 272, § 53]
  • Disorderly conduct [G.L. c. 272, § 53]
  • Disturbing the peace [G.L. c. 272, § 53]
  • Indecent exposure [G.L. c. 272, § 53]
  • Having a disorderly or noisy house [G.L. c. 272, § 53]
  • Lewd, wanton and lascivious conduct [G.L. c. 272, § 53]
  • Charging a price for sexual conduct [G.L. c. 272, § 53A]
  • Paying a person under 14 for sexual conduct [G.L. c. 272, § 53A]

Many 'Enticing a Child under 16' cases stem from a misunderstanding. No matter the circumstances of your case, The Law Office of Patrick J. Murphy will fight to ensure that your side of the story is heard. The effects of a conviction for this crime can be devastating. Attorney Murphy is extremely knowledgeable in all areas of family and sex crime laws in Massachusetts and will make every effort to help you avoid the most serious penalties and repercussions for your alleged offense. In certain circumstances, early intervention by a lawyer may be hugely beneficial on the outcome of a case. Do not gamble with your future, contact Boston criminal defense lawyer Patrick J. Murphy at The Law Office of Patrick J. Murphy by calling (617) 367-0450 or completing the contact form on our website. As a dedicated legal advocate, Attorney Murphy is available 24/7.

Client Reviews
★★★★★
"Highly Recommended. Attorney Patrick J. Murphy absolutely helped me out in my time of need. When I met him in his Boston office he put me right at ease and explained the criminal process to me in a way I could easily understand and in a manner that gave me complete confidence. I was facing a criminal wanton destruction of property charge in Barnstable District Court. On the day of the case, he was at the courthouse waiting for me and my wife. Mr. Murphy handled the hearing in a very thorough and professional manner putting us through our testimony and making a powerful argument to the decision maker. My case was thrown out and I could not be happier with the service from Attorney Murphy. I highly recommend him to you as a skilled legal advocate!" Rob, Avvo User
★★★★★
"Excellent Criminal Defense Lawyer. From the first consultation I knew Patrick Murphy was the right choice for my criminal defense. He was knowledgeable of the laws and knew how to build up a strong defense for my case. Every phone call and email I made was promptly answered. When it came time for my hearing, Patrick was prepared and able to get the criminal complaint against me dropped without ever becoming charge! Would highly recommend this attorney to anyone seeking a top quality defense attorney to handle their case!" John, Avvo User
★★★★★
"OUI Not Guilty Verdict. Patrick Murphy provided excellent service as council on my case. He worked diligently over a long legal process that spanned over 3 years. He was able to take my case to a Jury Trial and get me a Not Guilty verdict through he expert knowledge of the law and expertise in cross examination of the prosecutions witnesses. He was very professional and available at anytime night or day to answer questions." Chris, Avvo User
★★★★★
"Highly Skilled and Professional Lawyer. Attorney Pat Murphy did a great job guiding me through an A&B charge, and most importantly getting the case dismissed in a very timely manner. He is very professional, returns call promptly, and did a great explaining his strategy and the legal process to me. I was confident throughout the whole process that I was in good hands and would receive the best possible outcome in my case. Would highly recommended Attorney Murphy." Avvo User
★★★★★
"I Felt That I was in Good Hands... and I Was! Mr. Patrick J. Murphy was very quick to respond to my needs. He was always there to answer any questions I had in a timely fashion, and he made me feel very comfortable in an extremely uncomfortable situation. Having Mr. Murphy by my side in the courtroom felt like I was at an advantage. He speaks with confidence. He doesn't stutter or pause while put on the spot. He treated me with respect. He listens. He always greeted me with a warm welcome and never wasted any time." Avvo User