Senate Judiciary Committee Amendment
S 877 - Session 125 (2023-2024)
Child Luring

The Committee on Judiciary proposes the following amendment (SJ-877.SW0005S):

Amend the bill, as and if amended, SECTION 1, by striking Section 63-5-90(B)(1) and (2) and inserting:

 (B)(1) A person eighteen years of age or older who, with the intent to commit a crime, lures, entices, or attempts to lure or entice a child who is thirteen years of age or older into a conveyance, dwelling, or structure without the consent, express or implied, of the child's parent or legal guardian for a:
   (a) first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year; or
   (b) second or subsequent offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years, or both.
  (2) A person eighteen years of age or older who, with the intent to commit a crime, lures, entices, or attempts to lure or entice a child who is under the age of thirteen years into a conveyance, dwelling, or structure without the consent, express or implied, of the child's parent or legal guardian for a:
   (a) first offense, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years; or
   (b) second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

Amend the bill further, SECTION 1, by striking Section 63-5-90(C) and inserting:

 (C) Mistake of age is not a defense to prosecution pursuant to the provisions of this section.