Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 2828 (2026)

✓ current as of May 2026

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(Cite as: 13 V.S.A. § 2828)

§ 2828. Luring a child

(a) No person shall knowingly solicit, lure, manipulate, or entice, or to attempt to solicit, lure, manipulate, or entice, a child under 16 years of age or another person believed by the person to be a child under 16 years of age to engage in a sexual act as defined in section 3251 of this title or engage in lewd and lascivious conduct as defined in section 2602 of this title.

(b) This section applies to solicitation, luring, manipulating, or enticement by any means, including in person, through written or telephonic correspondence, or through electronic communication.

(c) This section shall not apply if the person is less than 19 years of age, the child is at least 15 years of age, and the conduct is consensual. (Added 1999, No. 122 (Adj. Sess.), § 6; amended 2005, No. 192 (Adj. Sess.), § 9; 2019, No. 132 (Adj. Sess.), § 1; 2023, No. 172 (Adj. Sess.), § 3, eff. July 1, 2024.)

Notes of Decisions

Cited in 9 cases (4 in the last 5 years), 2002–2022 · leading case: State v. Sanel Masic, 2021 VT 56 (Vt. 2021).

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State v. Sanel Masic, 2021 VT 56 (Vt. 2021). · cites it 6× “He further challenges the superior court’s imposition of a probation condition as part of his sentence.”

Am. Booksellers Found. for Free Expression v. Dean, 202 F. Supp. 2d 300 (D. Vt. 2002). · cites it 5× “In fact, Vermont recently enacted 13 V.S.A. § 2828, which targets the “knowing[ ] utilization] [of] an electronic commu *319 nication to solicit, lure, or entice, or to attempt to solicit, lure, or entice, a child under the age of 16 .”

State v. Benjamin Charette, 189 A.3d 67 (Vt. 2018). · cites it 2× “Defendant pled guilty to a charge of attempted luring of a child pursuant to 13 V.S.A. § 2828 based on his attempt to meet with a person he believed to be a minor child for the purpose of having sex.”

Am. Booksellers Found. v. Dean, 342 F.3d 96 (2d Cir. 2003). “” 13 V.S.A. § 2828. We therefore find that, as applied to plaintiffs’ internet speech, Section 2802a burdens protected speech and is not narrowly tailored, and, like the Communications Decency Act struck down in Reno , violates the First Amendment.”

State v. Gregory Curtis, 2021 VT 57 (Vt. 2021). “For the reasons set forth in that opinion, we conclude that 13 V.S.A. § 2828 does not violate the First Amendment of the U.”

State v. Denzel Lafayette, 2021 VT 38 (Vt. 2021). “§ 3252(a)(1), sexually exploiting a child, 13 V.S.A. § 2828(a), possessing child sex abuse material, 13 V.”

State v. Scott Vogel, 2022 VT 5 (Vt. 2022). · cites it 6× “§ 2828, which prohibits solicitation of a child or another person believed to be a child to engage in sexual activity, where the defendant believed that he was communicating with another adult to arrange sexual contact with a minor child but the child turned out to be fictitious.”

State v. Kai A. Freeman, 178 A.3d 326 (Vt. 2017). · cites it 3× “§ 2602 ; one count of knowingly soliciting, luring, or enticing, or attempting to solicit, lure, or entice a child under 13 V.S.A. § 2828(a) ; and one count of contributing to the delinquency of a minor in violation of 13 V.”

In re Ritchey (Vt. Super. Ct. 2016). “§ 2406(a)(1)) and one of the Addison County charges (attempting to entice a child under the age of 16 to engage in a sexual act in violation of 13 V.S.A. §2828) to which Petitioner plead guilty were felony offenses, a pre-sentence investigation (“PSI”) report was ordered.”

— Vt. Stat. Ann. tit. 13, § 2828(a) — 4 cases

State v. Sanel Masic, 2021 VT 56 (Vt. 2021). “He further challenges the superior court’s imposition of a probation condition as part of his sentence.”

State v. Denzel Lafayette, 2021 VT 38 (Vt. 2021). “§ 3252(a)(1), sexually exploiting a child, 13 V.S.A. § 2828(a), possessing child sex abuse material, 13 V.”

State v. Kai A. Freeman, 178 A.3d 326 (Vt. 2017). “§ 2602 ; one count of knowingly soliciting, luring, or enticing, or attempting to solicit, lure, or entice a child under 13 V.S.A. § 2828(a) ; and one count of contributing to the delinquency of a minor in violation of 13 V.”

State v. Scott Vogel, 2022 VT 5 (Vt. 2022). “§ 2828, which prohibits solicitation of a child or another person believed to be a child to engage in sexual activity, where the defendant believed that he was communicating with another adult to arrange sexual contact with a minor child but the child turned out to be fictitious.”

— Vt. Stat. Ann. tit. 13, § 2828(c) — 1 case

State v. Sanel Masic, 2021 VT 56 (Vt. 2021). “He further challenges the superior court’s imposition of a probation condition as part of his sentence.”

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