Florida Statute 787.25 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 787
KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED OFFENSES

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F.S. 787.025

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.

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Amendments to 787.025

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 787.025

Level: Degree
Misdemeanor/Felony: First/Second/Third

S787.025 2a - KIDNAP MINOR TO SEXUALLY ASSLT - RENUMBERED. SEE REC# 6157 - F: T

S787.025 2a - KIDNAP MINOR - RENUMBERED. SEE REC# 6157 - F: T

S787.025 2a - CRIMES AGAINST PERSON - 18 YOA OR OLDER LURE ENTICE CHILD UNDER 12 YOA - M: F

S787.025 2b - CRIMES AGAINST PERSON - 18 YOA OLDER LURE ENTICE UND 12 YOA SUBSQ OFF - F: T

S787.025 2c - CRIMES AGAINST PERSON - 18 YOA OLDR PREV CONVIC LURE ENTICE UND 12 YOA - F: T

Cases Citing Statute 787.025

Total Results: 9

State v. Brake

796 So. 2d 522, 2001 WL 1095088

Supreme Court of Florida | Filed: Sep 20, 2001 | Docket: 1249926

Cited 26 times | Published

was charged by information with violating section 787.025, Florida Statutes (1997).[1] This statute makes

Andre v. State

13 So. 3d 103, 2009 Fla. App. LEXIS 5444, 34 Fla. L. Weekly Fed. D 1010

District Court of Appeal of Florida | Filed: May 20, 2009 | Docket: 363654

Cited 4 times | Published

child under the age of twelve in violation of section 787.025, Florida Statutes (2006); (2) child abuse in

Brake v. State

746 So. 2d 527, 1999 WL 1128789

District Court of Appeal of Florida | Filed: Dec 10, 1999 | Docket: 784909

Cited 3 times | Published

offense of luring or enticing a child under section 787.025, Florida Statutes (1997). Brake reserved the

Johnson v. State

795 So. 2d 82

District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 1673176

Cited 2 times | Published

or similar offenses in another jurisdiction: § 787.025; chapter 794; § 796.03; § 800.04; § 825.1025;

Debose v. State of Florida

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455315

Published

796 So. 2d 522 (Fla. 2001), which concerned section 787.025(2)(c), Florida Statutes (1997). That statute

Carlos J. Acevedo v. State of Florida

218 So. 3d 878, 42 Fla. L. Weekly Supp. 601, 2017 WL 2210387, 2017 Fla. LEXIS 1236

Supreme Court of Florida | Filed: May 18, 2017 | Docket: 6063849

Published

person who is convicted of a violation of section 787.025; section 794.011(2), (3), (4), (5), or (8);

Gary Czajkowski v. State of Florida

178 So. 3d 498, 2015 Fla. App. LEXIS 16578, 40 Fla. L. Weekly Fed. D 2464

District Court of Appeal of Florida | Filed: Nov 4, 2015 | Docket: 3009694

Published

lawful. purpose," as that phrase was used in section 787.025(2)(a), Florida Statutes (1997): A person

In re Standard Jury Instructions in Criminal Cases-Instruction 11.16(A)

116 So. 3d 1223, 2013 Fla. LEXIS 1931, 2013 WL 3064823

Supreme Court of Florida | Filed: Jun 20, 2013 | Docket: 60232302

Published

provisions set out in section 794.0115(2) — i.e., section 787.025(2)(c); section 794.011(2), (3), (4), (5), or

Sledge v. Department of Children & Families

861 So. 2d 1189, 2003 Fla. App. LEXIS 18412, 2003 WL 22867662

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 64827193

Published

the offense of “luring or enticing a child” (section 787.025), and substantially amended Chapters 39, 400