by Attorney Eric D. PuryearIn Iowa, the crime of enticing a minor is defined by Iowa Code Section 710.10 as follows:
1. A person commits a class “C” felony when, without authority and with the intent to commit sexual abuse or sexual exploitation upon a minor under the age of thirteen, the person entices or attempts to entice a person reasonably believed to be under the age of thirteen.
2. A person commits a class “D” felony when, without authority and with the intent to commit an illegal sex act upon or sexual exploitation of a minor under the age of sixteen, the person entices or attempts to entice a person reasonably believed to be under the age of sixteen.
3. A person commits a class “D” felony when, without authority and with the intent to commit an illegal act upon a minor under the age of sixteen, the person entices a person reasonably believed to be under the age of sixteen.
4. A person commits an aggravated misdemeanor when, without authority and with the intent to commit an illegal act upon a minor under the age of sixteen, the person attempts to entice a person reasonably believed to be under the age of sixteen. A person convicted under this subsection shall not be subject to the registration requirements under chapter 692A unless the finder of fact determines that the illegal act was sexually motivated.
5. A person shall not be convicted of a violation of this section unless the person commits an overt act evidencing a purpose to entice.
6. For purposes of determining jurisdiction under section 803.1, an offense is considered committed in this state if the communication to entice or attempt to entice a person believed to be a minor who is present in this state originates from another state, or the communication to entice or attempt to entice a person believed to be a minor is sent from this state.
7. For purposes of this section, methods of enticement include but are not limited to personal contact and communication by any means including through the mail, telephone, internet, or any social media, and include text messages, instant messages, and electronic mail.
The Class C felony version of enticing a minor in Iowa is punishable by a 10 year prison sentence, while the Class D versions are punishable by a 5 year prison sentence. The aggravated misdemeanor version can result in a sentence of 2 years in prison.
A person can be charged with enticing a minor under Iowa law even in cases where there was no minor actually involved (e.g. a sting operation in which a member of law enforcement is posing as a minor). However, Iowa law does require that a person accused of enticing a minor actually commit an overt act in order to be guilty of the offense.
Obviously a charge of enticing a minor in Iowa is a serious one, and for that reason any person facing such a charge is wise to seek an attorney at once.