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New York criminal charge

Luring a child in New York

Current through 2026 New York legislative session

Luring a child is a criminal offense under New York law, defined by N.Y. Penal Law § 120.70. Its classification is not fixed: New York assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by N.Y. Penal Law § 120.70.

What is the penalty for luring a child in New York?

Penalties for Luring a child
PenaltyRangeBasisAuthority
Jail / prisonup to 4 years (Luring a child - base offense — Applies when the underlying offense the actor intended to commit against the child was not a class A or class B felony.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 1½–4 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06))discretionaryN.Y. Penal Law § 70.00
Fineup to $5,000 (Luring a child - base offense — Applies when the underlying offense the actor intended to commit against the child was not a class A or class B felony.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10))discretionaryN.Y. Penal Law § 70.00
Jail / prisonup to 7 years (Luring a child - underlying class B felony intended — Applies when the underlying offense the actor intended to commit against the child constituted a class B felony.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 2–7 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06))discretionaryN.Y. Penal Law § 70.00
Fineup to $5,000 (Luring a child - underlying class B felony intended — Applies when the underlying offense the actor intended to commit against the child constituted a class B felony.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10))discretionaryN.Y. Penal Law § 70.00

Applies to current.

How is luring a child classified in New York?

The classification depends on the circumstances:

Classification variants for Luring a child
VariantClassificationWhen it appliesStatute
Luring a child - base offenseClass E FelonyApplies when the underlying offense the actor intended to commit against the child was not a class A or class B felony.N.Y. Penal Law § 120.70undefined
Luring a child - underlying class B felony intendedClass D FelonyApplies when the underlying offense the actor intended to commit against the child constituted a class B felony.N.Y. Penal Law § 120.70undefined

Common questions about luring a child in New York

What class of felony is luring a child in New York?

It depends on the circumstances: luring a child ranges from a Class E Felony to a Class D Felony in New York under N.Y. Penal Law § 120.70.

Luring a child - base offense: Class E Felony (N.Y. Penal Law § 120.70) · Luring a child - underlying class B felony intended: Class D Felony (N.Y. Penal Law § 120.70)

What are the penalties for luring a child in New York?

Penalties for luring a child in New York depend on how it is classified — from a Class E Felony up to a Class D Felony — with the ranges set by N.Y. Penal Law § 70.00; the full table of ranges by variant is published on this page.

Which New York statute covers luring a child?

Luring a child is governed by N.Y. Penal Law § 120.70 (Luring a child).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.