An Act Providing Protection from Child Enticement

Lead Sponsors: Representative Kate Lipper-Garabedian and Senator Jason M. Lewis

Impetus
As she was leaving work, a fourteen-year-old girl was approached by a man in an Ashland parking lot who asked her if she wanted a ride. After responding “no," the man immediately shouted "get in the truck." The teenager ran and sought help from the first person she encountered.

At trial, a jury found the defendant guilty of child enticement, but the judge later dismissed the charge upon a finding that the evidence was insufficient to prove what the defendant intended to do with the child by luring her into the truck. The Appeals Court held that concerning the child and ordering her into the truck did not establish that the defendant intended to forcibly confine her.  Commonwealth v. LaPlante, 73 Mass. App. Ct. 199 (2008).

Need

• The current child enticement statute was enacted in response to an earlier SIC opinion which held that attempting to lure a child into a motor vehicle was insufficient to establish an attempted kidnapping. Commonwealth v. Banfill, 413 Mass. 1002 (1992).  However, the Appeals Court 5 more recent interpretation of the current statute reflects that an issue with the law still remains and children who may be harmed are not protected
• Specific unlawful intent should be presumed where a stranger attempts to lure a child into a vehicle.

Legislative Fix

• Revises the existing child enticement statute to mirror that of other jurisdictions by eliminating the requirement to prove a specific unlawful intent when a stranger entices a child under the age of 16 into a vehicle.
• Requires a showing that the actions were taken without the permission of the child's parent or guardian or without other authority to do so.
• Provides an affirmative defense for actions undertaken based on a reasonable belief that they are in the best interests of the child so as to encourage, rather than criminalize, well-intentioned behavior.