The 2023 Florida Statutes (including Special Session C)

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 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(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 12 into 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.

(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 12 into 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.

(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 12 into 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.

F.S. 787.025 on Google Scholar

F.S. 787.025 on Casetext

Amendments to 787.025

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

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. ACEVEDO, v. STATE, 218 So. 3d 878 (Fla. 2017)

. . . toward DSFO status, the pertinent language provides: (2)Any person who is convicted of a violation of s. 787.025 . . . was 18 years of age or older, and the person: (e) Has previously been convicted of a violation of s. 787.025 . . . The DSFO Act provides: Any person who is convicted of a violation of section 787.025; section 794.011 . . . Has been previously convicted of a violation of section 787.025; section 794.011(2), (3), (4), (5), or . . . In 2005, those enumerated felonies were: • Luring or enticing a child, section 787.025, Florida Statutes . . .

GOSLING, v. STATE, 205 So. 3d 860 (Fla. Dist. Ct. App. 2016)

. . . similar offenses in another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 787.025 . . .

SENGER, v. STATE, 200 So. 3d 137 (Fla. Dist. Ct. App. 2016)

. . . following statutes in this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025 . . .

CZAJKOWSKI, v. STATE, 178 So. 3d 498 (Fla. Dist. Ct. App. 2015)

. . . vagueness challenge to the phrase “for other than a lawful. purpose," as that phrase was used in section 787.025 . . .

COTTON, v. STATE, 176 So. 3d 310 (Fla. Dist. Ct. App. 2015)

. . . For the purposes of this paragraph, the term “child molestation” means conduct proscribed by s. 787.025 . . .

DOE I, v. CITY OF PALM BAY,, 169 So. 3d 1211 (Fla. Dist. Ct. App. 2015)

. . . SEX-RELATED CRIME shall mean a violation of Sections 787.01, 787.02, or 787.025, Florida Statutes, where . . .

FELDER, v. STATE, 116 So. 3d 605 (Fla. Dist. Ct. App. 2013)

. . . that offense were committed in this state; or (e) Has previously been convicted of a violation of s. 787.025 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION A, 116 So. 3d 1223 (Fla. 2013)

. . . convicted of violating one of the statutory provisions set out in section 794.0115(2) — i.e., section 787.025 . . . felony if that offense were committed in Florida; or (e) previously been convicted of violating sections 787.025 . . .

GOSLING, v. STATE, 97 So. 3d 287 (Fla. Dist. Ct. App. 2012)

. . . following statutes in this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025 . . . proscribed in the following statutes or similar offense in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025 . . .

DURANT, v. STATE, 94 So. 3d 669 (Fla. Dist. Ct. App. 2012)

. . . That statute states, in relevant part: (2) Any person who is convicted of a violation of s. 787.025(2 . . . was 18 years of age or older, and the person: (e) Has previously been convicted of a violation of s. 787.025 . . .

WRIGHT, v. STATE, 65 So. 3d 1092 (Fla. Dist. Ct. App. 2011)

. . . Section 794.0115 provides (2) Any person who is convicted of a violation of s. 787.025(2)(c); s. 794.011 . . . (e) Has previously been convicted of a violation of s. 787.025(2)(c); s. 794.011(2), (3), (4), (5), or . . .

FIKE, v. STATE, 63 So. 3d 847 (Fla. Dist. Ct. App. 2011)

. . . nolo contendere or guilty to, regardless of adjudication, any violation of s. 787.01, s. 787.02, or s. 787.025 . . .

PRICE, v. STATE, 43 So. 3d 854 (Fla. Dist. Ct. App. 2010)

. . . proscribed in the following statutes in this state or analogous offenses in another jurisdiction: s. 787.025 . . .

W. MUNROE, v. STATE, 28 So. 3d 973 (Fla. Dist. Ct. App. 2010)

. . . following statutes in this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025 . . .

ANDRE, v. STATE, 13 So. 3d 103 (Fla. Dist. Ct. App. 2009)

. . . the following charges: (1) luring or enticing a child under the age of twelve in violation of section 787.025 . . .

T. BRUCE, v. STATE, 988 So. 2d 715 (Fla. Dist. Ct. App. 2008)

. . . It provides, in pertinent part: (2) Any person who is convicted of a violation of s. 787.025(2)(c); s . . . if that offense were committed in this state; or (e) Has previously been convicted of a violation of 787.025 . . .

DENHART, v. STATE, 987 So. 2d 1257 (Fla. Dist. Ct. App. 2008)

. . . nolo contendere or guilty to, regardless of adjudication, any violation of s. 787.01, s. 787.02, or s. 787.025 . . .

ABRAMS, v. STATE, 971 So. 2d 1033 (Fla. Dist. Ct. App. 2008)

. . . The relevant portion of the DSFO Act provides: (2) Any person who is convicted of a violation of s. 787.025 . . . was 18 years of age or older, and the person: (e) Has previously been convicted of a violation of s. 787.025 . . .

D. MILLER, v. STATE, 971 So. 2d 951 (Fla. Dist. Ct. App. 2007)

. . . following statutes in this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025 . . .

STATE v. BOUCHILLON,, 882 So. 2d 412 (Fla. Dist. Ct. App. 2004)

. . . Any felony violation, or any attempt thereof, of s. 787.01, s. 787.02, or s. 787.025, where the victim . . . contende-re or guilty to, regardless of adjudication, any violation of s. 787.01, s. 787.02, or s. 787.025 . . .

R. SLEDGE, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 861 So. 2d 1189 (Fla. Dist. Ct. App. 2003)

. . . It also created new crimes, including the offense of “luring or enticing a child” (section 787.025), . . .

WALKER, v. STATE, 851 So. 2d 863 (Fla. Dist. Ct. App. 2003)

. . . Any felony violation, or any attempt thereof, of s. 787.01, s. 787.02, or s. 787.025, where the victim . . . nolo contendere or guilty to, regardless of adjudication, any violation of s. 787.01, s. 787.02, or s. 787.025 . . . Rather, it only applies when the defendant is convicted of violating sections 787.01, 787.02 or 787.025 . . .

JOHNSON, v. STATE, 842 So. 2d 228 (Fla. Dist. Ct. App. 2003)

. . . following statutes in this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025 . . .

RAINES, v. STATE, 805 So. 2d 999 (Fla. Dist. Ct. App. 2001)

. . . proscribed in the following statutes in this state or analogous offenses in another jurisdiction: s. 787.025 . . . following statutes in this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025 . . .

STATE v. E. BRAKE, Jr., 796 So. 2d 522 (Fla. 2001)

. . . Brake, Jr. was charged by information with violating section 787.025, Florida Statutes (1997). . . . On appeal, the district court found section 787.025 to be unconstitutionally vague because it does not . . . While the Second District Court of Appeal found section 787.025 to be unconstitutionally vague, Brake . . . Thus, section 787.025(2)(b) must be deleted as an unconstitutional statutory presumption. . . . , but that section 787.025(2)(b) must be deleted as an unconstitutional statutory presumption. . . . I fully concur in the majority’s opinion in construing and upholding section 787.025. . . .

JOHNSON, v. STATE, 795 So. 2d 82 (Fla. Dist. Ct. App. 2000)

. . . offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: § 787.025 . . .

E. BRAKE, Jr. v. STATE, 746 So. 2d 527 (Fla. Dist. Ct. App. 1999)

. . . imposed after the entry of his no contest plea to the offense of luring or enticing a child under section 787.025 . . . Brake reserved the right to appeal the denial of his motion to dismiss on the grounds that section 787.025 . . . Section 787.025 makes it a third-degree felony for an adult who has previously been convicted of a sexual . . . See § 787.025(2)(a). . . . 794 or section 800.04, which section 787.025(2)(a) incorporates by reference. . . .