Kidnapping occurs when a person is taken by force or fraud without their consent. The crime of false imprisonment occurs when an individual restrains another against their will without any lawful reason. In Washington State, there is another type of kidnapping charge called “luring".
Can an Adult Be the Victim of a Luring Crime?
Yes. Typically, a luring charge specifically relates to minors under the age of 16 years old. However, the charge also applies to adults with developmental disabilities.
What is Luring in Washington State?
In Washington State, luring occurs when a person:
- Orders, attempts to order, entices, or convinces someone to go into a structure or area inaccessible by the public;
- Does not have the consent of the victim or parent of the victim; and
- Is not someone the victim knows.
Are There Any Defenses to a Washington State Luring Charge?
Yes. The defendant’s attorney must prove by a preponderance of the evidence they didn’t have an intent to harm to welfare, safety, or health the victim. The defendant must show that there were reasonable circumstances to why the defendant ordered or enticed the victim to an inaccessible place.
Is Luring the same as Custodial Interference?
No. Custodial interference involves a child’s parent taking, or enticing, a minor away from the lawful parent or guardian. The defendant in a luring case generally cannot be the minor’s parent, since the parent would be known to the child.
What Is the Punishment for Luring in Washington State?
A luring conviction is a class C felony. This means that a convicted defendant may face up to 5 years in prison and/or a fine of up to $10,000.
Should I Contact a Lawyer about My Luring Charge?
Yes. To learn more about how you can resolve this criminal charge, contact a washington criminal lawyer.