Our criminal defense attorneys have significant experience defending sex cases and cases involving children. We defend child enticement cases. And we’ve certainly achieved positive results for clients facing this serious criminal charge.
What is child enticement?
Child enticement occurs when the defendant causes a child to to into any vehicle, building, room, or secluded place with any of the following purposes:
Having sexual contact or sexual intercourse with the child;
Causing the child to engage in prostitution;
Exposing genitals, pubic area, or intimate parts to the child, or having the child do the same;
Recording the child engaging in sexually explicit conduct;
Causing bodily or mental harm to the child;
Giving or selling to the child a controlled substance or controlled substance analogue.
Child enticement certainly does not require some sort of sexual act in order for the State to sustain a conviction. Something non-sexual, like attempting to cause a child to go into a building to cause bodily or mental harm to the child, is indeed child enticement. For example: an adult brings a child into a building. The adult’s purpose is to beat the child. Beating the child causes bodily harm to the child. This certainly satisfies the elements of the crime.
Completed versus attempted child enticement
Unlike most crimes, this one combines completed offenses and attempted offenses in one statute. Each type of case has different jury instructions and requires slightly different defense strategy. The problem the government often has with an attempted crime is that it could be based on conjecture. Attempted child enticement is also often the result of “To Catch a Predator” type stings.
The word attempt means:
The defendant intended to cause the child to complete one of the “other acts;”
The purpose of the other act was one of the six requirements above; and
The defendant did acts which demonstrate unequivocally, under all the circumstances, that he had formed that intent and would commit the crime except for the intervention of another person or some other extraneous factor.
Elements of the offense:
All crimes have certain elements that must be proven beyond a reasonable doubt. Certainly this is no exception:
Firstly, Wisconsin Jury Instruction Criminal 2134 defines the completed act:
The defendant caused the victim to go into a vehicle, building, room, or secluded place; and
The defendant caused the victim to go into a vehicle, building, room, or secluded place with intent to commit a prohibited act: and
The victim was under 18 years old.
Secondly, Wisconsin Jury Instruction Criminal 2134A defines the attempted act:
The defendant attempted to cause the victim to go into a vehicle, building, room, or secluded place; and
The defendant attempted to cause the victim to go into a vehicle, building, room, or secluded place with intent to commit a prohibited act; and
The victim was under 18 years old.
But what if it’s a cop?
If it’s a cop, the “victim” isn’t under 18 years old. And obviously the defendant can’t commit child enticement unless it’s a child, right? Not quite. Wisconsin Jury Instruction Criminal 2134B explains this situation. The elements are:
Firstly, the defendant attempted to cause a person to go into a vehicle, building, room, or secluded place; and
Secondly, the defendant attempted to cause a person to go into a vehicle, building, room, or secluded place to commit a prohibited act; and
Thirdly, the defendant believed the person was under 16 years old.
Contact Meyer Van Severen, S.C. for child enticement defense
Our criminal defense attorneys have certainly worked on numerous cases involving children, involving sexual acts, controlled substances, and causing bodily or mental harm to an individual. If you’ve been charged with child enticement call Meyer Van Severen, S.C. at (414) 270-0202.
Finally, remember: prosecutors aggressively litigate individuals accused of crimes involving children. At Meyer Van Severen, we certainly recognize that. Our criminal defense attorneys specialize in this area of law. We focus 100% of our efforts on criminal defense.