Florida Statutes

Fla. Stat. § 787.025 (2025)

Luring or enticing a child.

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787.025 Luring or enticing a child.—

(1) As used in this section, the term:

(a) “Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.

(b) “Dwelling” means a building or conveyance of any kind, either temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging together therein at night, together with the curtilage thereof.

(d) “Convicted” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.

(2)(a) A person 18 years of age or older who intentionally lures or entices, or attempts to lure or entice, a child under the age of 14 into or out of a structure, dwelling, or conveyance for other than a lawful purpose commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A person 18 years of age or older who, having been previously convicted of a violation of paragraph (a), intentionally lures or entices, or attempts to lure or entice, a child under the age of 14 into or out of a structure, dwelling, or conveyance for other than a lawful purpose commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) A person 18 years of age or older who, having been previously convicted of a violation of chapter 794, s. 800.04, or s. 847.0135(5), or a violation of a similar law of another jurisdiction, intentionally lures or entices, or attempts to lure or entice, a child under the age of 14 into or out of a structure, dwelling, or conveyance for other than a lawful purpose commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) It is an affirmative defense to a prosecution under this section that:

(a) The person reasonably believed that his or her action was necessary to prevent the child from being seriously injured.

(b) The person lured or enticed, or attempted to lure or entice, the child under the age of 14 into or out of a structure, dwelling, or conveyance for a lawful purpose.

(c) The person’s actions were reasonable under the circumstances and the defendant did not have any intent to harm the health, safety, or welfare of the child.

History.—s. 1, ch. 95-228; s. 8, ch. 99-201; s. 3, ch. 2000-246; s. 1, ch. 2006-299; s. 20, ch. 2008-172; s. 2, ch. 2025-132.

Arrestable Offenses under F.S. 787.025

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§787.025(2a)KIDNAP MINOR TO SEXUALLY ASSLTRENUMBERED. SEE REC# 6157F · 3rd

§787.025(2a)KIDNAP MINORRENUMBERED. SEE REC# 6157F · 3rd

§787.025(2a)CRIMES AGAINST PERSON18 + YOA LURE ENTICE CHILD LT 14 YOAF · 3rd

§787.025(2a)CRIMES AGAINST PERSONRENUMBERED. SEE REC # 10790M · 1st

§787.025(2b)CRIMES AGAINST PERSONRENUMBERED. SEE REC # 10791F · 3rd

§787.025(2b)CRIMES AGAINST PERSON18+ YOA LURE ENTICE LT 14 YOA SUBSQ OFFF · 2nd

§787.025(2c)CRIMES AGAINST PERSONRENUMBERED. SEE REC # 10789F · 3rd

§787.025(2c)CRIMES AGAINST PERSON18+ YOA PREV CONVIC LURE ENTICE LT 14 YOAF · 2nd

Notes of Decisions

Cited in 11 cases (3 in the last 5 years), 1999–2025 · leading case: State v. Brake, 796 So. 2d 522 (Fla. 2001).

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State v. Brake, 796 So. 2d 522 (Fla. 2001). · cites it 12× “was charged by information with violating section 787.025, Florida Statutes (1997).”

Carlos J. Acevedo v. State of Florida, 218 So. 3d 878 (Fla. 2017). · cites it 7× “In 2005, those enumerated felonies were:  Luring or enticing a child, section 787.025, Florida Statutes (2005); -3-  Sexual battery, section 794.”

Brake v. State, 746 So. 2d 527 (Fla. 2d DCA 1999). · cites it 10× “, challenges the judgment and sentence imposed after the entry of his no contest plea to the offense of luring or enticing a child under section 787.025, Florida Statutes (1997).”

Andre v. State, 13 So. 3d 103 (Fla. 4th DCA 2009). · cites it 2× “We find no merit to Defendant’s other arguments and affirm his convictions on the following charges: (1) luring or enticing a child under the age of twelve in violation of section 787.025, Florida Statutes (2006); (2) child abuse in violation of section 827.”

Johnson v. State, 795 So. 2d 82 (Fla. 5th DCA 2001). “Dissimilarly, the Florida statute's criteria requires the qualifying offense to be a felony and the sexual offender must be a person who has been *86 convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the…”

Gary Czajkowski v. State of Florida, 178 So. 3d 498 (Fla. 4th DCA 2015). · cites it 2× “purpose," as that phrase was used in section 787.025(2)(a), Florida Statutes (1997): A person over the age of 18 who, having been previously convicted of a violation of chapter 794 or s.”

In re Stand. Jury Instructions in Crim. Cases-Instruction 11.16(A), 116 So. 3d 1223 (Fla. 2013). “, section 787.025(2)(c); section 794.011(2), (3), (4), (5), or (8); section 800.”

Debose v. State of Florida (Fla. 1st DCA 2024). · cites it 6× “§ 787.025(2)(c), Fla. Stat. (emphasis supplied).”

Sledge v. Dep't of Child. & Families, 861 So. 2d 1189 (Fla. 5th DCA 2003). “It also created new crimes, including the offense of “luring or enticing a child” (section 787.025), and substantially amended Chapters 39, 400, 402 and 415 of the Florida Statutes.”

Mansell v. Sec'y, Dep't of Corr. (Hillsborough Cnty.) (M.D. Fla. 2021). · cites it 2× “) The court stated, “[t]here is a series of events, unless I’ve misheard, where this child is presented with a horse, the opportunity to ride a horse, toys, a doll first and second visit, and then on the third visit allegedly there is this impermissible touching.”

Casey Vassar v. State of Florida (Fla. 3d DCA 2025). · cites it 2× “Because Vassar’s conviction is supported by competent substantial evidence in the record, we conclude the trial court 1 “A person 18 years of age or older who intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling,…”

— 787.025(2)(a) — 3 cases

Gary Czajkowski v. State of Florida, 178 So. 3d 498 (Fla. 4th DCA 2015). “purpose," as that phrase was used in section 787.025(2)(a), Florida Statutes (1997): A person over the age of 18 who, having been previously convicted of a violation of chapter 794 or s.”

Brake v. State, 746 So. 2d 527 (Fla. 2d DCA 1999). “, challenges the judgment and sentence imposed after the entry of his no contest plea to the offense of luring or enticing a child under section 787.025, Florida Statutes (1997).”

Casey Vassar v. State of Florida (Fla. 3d DCA 2025). “Because Vassar’s conviction is supported by competent substantial evidence in the record, we conclude the trial court 1 “A person 18 years of age or older who intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling,…”

— 787.025(2)(b) — 1 case

State v. Brake, 796 So. 2d 522 (Fla. 2001). “was charged by information with violating section 787.025, Florida Statutes (1997).”

— 787.025(2)(c) — 2 cases

In re Stand. Jury Instructions in Crim. Cases-Instruction 11.16(A), 116 So. 3d 1223 (Fla. 2013). “, section 787.025(2)(c); section 794.011(2), (3), (4), (5), or (8); section 800.”

Debose v. State of Florida (Fla. 1st DCA 2024). “§ 787.025(2)(c), Fla. Stat. (emphasis supplied).”

— 787.025(3) — 1 case

— 787.025(3)(b) — 1 case

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