18 Pa. Cons. Stat. § 2910

Luring a child into a motor vehicle or structure.

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§ 2910. Luring a child into a motor vehicle or structure.

(a) Offense.--Unless the circumstances reasonably indicate that the child is in need of assistance, a person who lures or attempts to lure a child into a motor vehicle or structure without the consent, express or implied, of the child's parent or guardian commits an offense.

(a.1) Grading.--The following shall apply:

(1) Except as provided under paragraph (2), an offense under subsection (a) is a misdemeanor of the first degree.

(2) If an offense under subsection (a) involves a child under 13 years of age, the offense is a felony of the second degree.

(a.2) Mistake as to age.--If an offense under subsection (a) involves a child under 13 years of age, it shall be no defense that the defendant did not know the age of the child or reasonably believed the child to be 13 years of age or older.

(b) Affirmative defense.--It shall be an affirmative defense to a prosecution under this section that the person lured or attempted to lure the child into the structure for a lawful purpose.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Child." A person under 18 years of age.

"Motor vehicle." Every self-propelled device in, upon or by which any person or property is or may be transported or drawn on a public highway.

"Structure." A house, apartment building, shop, warehouse, barn, building, vessel, railroad car, cargo container, house car, trailer, trailer coach, camper, mine, floating home or other enclosed structure capable of holding a child, which is not open to the general public.

(Feb. 2, 1990, P.L.6, No.4, eff. 60 days; Nov. 10, 2005, P.L.330, No.64, eff. 60 days; Dec. 18, 2013, P.L.1194, No.116, eff. 60 days)

Cross References. Section 2910 is referred to in section 6105 of this title; section 5329 of Title 23 (Domestic Relations); sections 9799.14, 9799.53, 9799.55 of Title 42 (Judiciary and Judicial Procedure); section 3113 of Title 63 (Professions and Occupations (State Licensed)).

Notes of Decisions

Cited in 32 cases (3 in the last 5 years), 1994–2024 · leading case: Commonwealth v. Hart

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Commonwealth v. Hart (2011) pa · cites it 12× “I concur with the majority's holding 18 Pa.C.S. § 2910 does not require the Commonwealth to prove a person who attempts to lure a child into an automobile did so with the intent to harm the child.”

A.S. v. Pennsylvania State Police (2016) pa · cites it 2× “18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure).”

Commonwealth v. Gallagher (2007) pa · cites it 8× “The question presented in this appeal is whether the offense of luring a child, 18 Pa.C.S. § 2910, is a strict liability crime with regard to the age of the victim.”

Commonwealth v. Sims (2007) pa · cites it 2× “Tate was arrested and subsequently convicted of luring a child into a motor vehicle, 18 Pa.C.S. § 2910 (amended 2005). On appeal, Tate argued that he could not be convicted of the completed crime of luring a child into a vehicle because the girl never entered his car.”

Commonwealth v. Adamo (1994) pasuperct · cites it 4× “, asks that we declare the Child Luring Statute, 18 Pa.C.S. § 2910, inter alia, unconstitutional as void for vagueness and facially overbroad.”

Commonwealth v. Gehris (2012) pacommwct · cites it 2× “18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle).”

Commonwealth v. Tate (2003) pa · cites it 2× “Appellant was convicted of luring a child into a motor vehicle, 18 Pa.C.S. § 2910, which provides: A person who lures a child into a motor vehicle without the consent, express or implied, of the child’s parent or guardian, unless the circumstances reasonably indicate that the…”

Commonwealth v. Gallagher (2005) pasuperct · cites it 4× “¶ 25 Based upon the above hypothetical scenarios, what can we surmise about Jenny, Forrest, Sam, Bill and James? Given the prevailing interpretations of 18 Pa.C.S. § 2910, a prima facie case of luring a child into a motor vehicle, a misdemeanor of the first degree, punishable by…”

Commonwealth v. Walker (2016) pasuperct “-Unless the circumstances reasonably indicate that the child is in need of assistance, a person who lures or attempts to lure a child into a motor vehicle or structure without the consent, express or implied, of the child's parent or guardian commits an offense.”

K.T. v. L.S. (2015) pasuperct “18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure).”

Commonwealth v. Derk (2006) pasuperct · cites it 2× “An “other specified offense” is “a felony offense or an offense under 18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle) or 3126 (relating to indecent assault) or an attempt to commit such an offense.”

Commonwealth v. McClintock (1994) pasuperct · cites it 2× “18 Pa.C.S. § 2910. Finally, the determination of the credibility of a witness is within the sole province of the fact-finder who may believe none, some or all of the testimony, and whose credibility determination will not be disturbed on appeal ab *88 sent a clear abuse of…”

Show all 32 citing cases →

— 18 Pa. Cons. Stat. § 2910(a) — 6 cases

Commonwealth v. Hart (2011) pa “I concur with the majority's holding 18 Pa.C.S. § 2910 does not require the Commonwealth to prove a person who attempts to lure a child into an automobile did so with the intent to harm the child.”

Commonwealth v. Montanez-Castro (2018) pasuperct

Com. v. Ferry, T. (2018) pasuperct

Com. v. Carey, J. (2018) pasuperct

— 18 Pa. Cons. Stat. § 2910(a)(2) — 1 case

Com. v. Carver, R. (2019) pasuperct

— 18 Pa. Cons. Stat. § 2910(b) — 1 case

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