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C. 265 § 26C Enticing Child Under 16

(a) As used in this section, the term “entice” shall mean to lure, induce, persuade, tempt, incite, solicit, coax or invite.

(b) Any one who entices a child under the age of 16, or someone he believes to be a child under the age of 16, to enter, exit or remain within any vehicle, dwelling, building, or other outdoor space with the intent that he or another person will violate section 13B, 13F, 13H, 22, 22A, 23, 24 or 24B of chapter 265, section 4A, 16, 28, 29, 29A, 29B, 29C, 35A, 53 or 53A of chapter 272, or any offense that has as an element the use or attempted use of force.

Penalty F
Violators shall be punished by imprisonment in the state prison for not more than 5 years, or in the house of correction for not more than 2 1/2 years, or by both imprisonment and a fine of not more than $5,000.

C. 265 § 13B: indecent assault and battery on a person under the age of fourteen
C. 265 § 13F: indecent assault and battery on a mentally retarded person—simple assault and battery on a mentally retarded person
C. 265 § 13H: indecent assault and battery on a person fourteen years of age or over
C. 265 § 22: rape and aggravated rape
C. 265 § 22A: rape of a child with force
C. 265 § 23: statutory rape of a child (under sixteen)
C. 265 § 24: assault with intent to commit rape
C. 265 § 24B: assault with intent to commit rape of a child
C. 272 § 4: inducing a minor into prostitution
C. 272 § 16: open and gross lewdness
C. 272 § 28: dissemination of harmful matter to minors
C. 272 § 29: dissemination or possession of obscene materials
C. 272 § 29A: posing or exhibiting child in a state of nudity or sexual conduct
C. 272 § 29B: dissemination of visual matter of child in a state of nudity
C. 272 § 29C: to knowing purchase or possession of visual matter of child depicted in sexual conduct
C. 272 § 35A: unnatual acts with a child under the age of sixteen
C. 272 § 53: accosting a person of the opposite sex, indecent exposure, lewd and lascivious person in speech or behavior , disorderly, disturbing the peace
C. 272 § 53A: sex for a fee

Practical Application:

1. Freddy is a math teacher at the local high school. Amber, fifteen years old, is in Freddy’s second period class. One morning, Freddy overhears Amber talking to Jennifer about a chat room called “hot teens” on AOL where “a lot of hot guys hang out.” Freddy further overhears Amber state that her screen name is “little lightning.” Immediately after school, Freddy goes home and logs onto to AOL. He uses the screen name “big thunder.” Within minutes he finds “little lightning” in the chat room. He immediately engages her in conversation. She is amazed to find out that “big thunder” is from the same city. After having lengthy conversation about music and clothes, Freddy asks her if she would like to have sex with him. She agrees. Freddy then states that he will meet her at a local McDonald’s parking lot in an hour. She agrees. Assume that the police are aware of these facts and that they are present when Freddy enters the McDonald’s parking lot. According to the laws of the Commonwealth of Massachusetts, which of the following is the strongest action that can be taken against “big thunder?”

a) he can be summoned into the District Court for the crime of “threats to commit a crime”
b) no action can be taken under the circumstances
c) he can be immediately arrested for a felony—attempting to entice a child under the age of sixteen
d) he can be immediately arrested for a misdemeanor for unlawful use of a computer

2. After receiving many complaints from the community that adult males are attempting to lure or entice young females after meeting them on a computer, police detectives attempt to set up a sting operation. Sgt. McGillicutty, logs onto to AOL under the screen name “Ashley On Fire,” and enters the teen chat room. Within minutes, he is contacted by a man using the screen name, “Plenty O’Toole.” “Plenty,” states that he is 26 years old and would “really like to meet a young hot girl.” Sergeant McGillicutty, using the cover name, then falsely tells “Plenty,” that “Ashley” is almost 15 and that “she” is looking for a “good time.” “Plenty,” then asks “Ashley” if she would like to have sex with him. “Ashley” agrees. A meeting is set up in the parking lot of a local night club. When “Plenty” arrives at the night club, he is met by a number of police detectives. According to the laws of the Commonwealth of Massachusetts, which of the following is the strongest action that can be taken against “Plenty O’Toole?”

a) he can be summoned into the District Court for the crime of “threats to commit a crime”
b) no action can be taken under the circumstances, since the Commonwealth does not have a victim
c) he can be immediately arrested for a felony—attempting to entice a child under the age of sixteen
d) he can be immediately arrested for a misdemeanor for unlawful use of a computer