Section 120.70. Luring a child


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  • 1.  A  person is guilty of luring a child when he or she lures a child
      into a motor vehicle, aircraft, watercraft, isolated area, building,  or
      part  thereof,  for  the purpose of committing against such child any of
      the following offenses: an offense as defined in section 70.02  of  this
      chapter;  an  offense  as  defined  in  section 125.25 or 125.27 of this
      chapter; a felony offense that is a violation  of  article  one  hundred
      thirty  of this chapter; an offense as defined in section 135.25 of this
      chapter; an offense as defined in sections 230.30, 230.33 or  230.34  of
      this  chapter;  an  offense  as  defined  in sections 255.25, 255.26, or
      255.27 of this chapter; or an offense as  defined  in  sections  263.05,
      263.10,  or  263.15  of  this  chapter. For purposes of this subdivision
      "child" means a person less than seventeen years of age. Nothing in this
      section shall be  deemed  to  preclude,  if  the  evidence  warrants,  a
      conviction  for  the  commission  or  attempted commission of any crime,
      including but not limited to a crime  defined  in  article  one  hundred
      thirty-five of this chapter.
        2.  Luring a child is a class E felony, provided, however, that if the
      underlying offense the actor  intended  to  commit  against  such  child
      constituted  a class A or a class B felony, then the offense of luring a
      child in violation of this section shall be deemed respectively, a class
      C felony or class D felony.