N.Y. Penal Law § 120.70: Luring a child

§ 120.70 Luring a child.

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, 230.34 or

230.34-a 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.