Bill
S 1150
Massachusetts would criminalize knowingly entic ing a child under 16 into a vehicle without parental permission, with specific exemptions for certain professionals and defenses.
Note on documents provided
- The packet you supplied includes materials from more than one jurisdiction and more than one bill labeled S 1150 (notably an Idaho budget/appropriation bill and a Massachusetts criminal statute bill). This summary addresses the Massachusetts bill titled "An Act providing protection from child enticement" (Senate Docket No. 538 / S.1150), which contains the child‑enticement provisions described below.
Purpose / intent
- To create a specific criminal prohibition against knowingly enticing a child (under age 16, or a person reasonably believed to be under 16) to enter a vehicle without legal privilege or parental/custodial permission, with enumerated exceptions and affirmative defenses. The intent is to strengthen protections for minors against being lured into vehicles.
Key provisions
- Amendment: Adds a new subsection (c) to Section 26C of Chapter 265 of the Massachusetts General Laws.
- Prohibited conduct: “No person, by any means and without privilege to do so, shall knowingly entice any child under the age of 16, or someone he believes to be a child under the age of 16, to enter into any vehicle” if both:
1. The person does not have the express or implied permission of the child’s parent, guardian, or legal custodian; and
2. The person is not within an enumerated category of authorized actors (or, if in that category, is not acting within the lawful scope of duties).
- Enumerated exceptions (persons who may lawfully engage in such conduct, when acting in their official/authorized capacity):
- Law enforcement officers
- Emergency services providers (as defined in section 71‑507)
- Firefighters and other persons who regularly provide emergency services
- Operators of bookmobiles or similar state/local vehicles used to inform/educate/transport children
- Paid employees or volunteers of nonprofit or religious organizations that provide activities for children
- Employees/agents or volunteers acting under direction of any board of education
- Scope-of-duty caveat: If a listed person is not acting within the scope of the lawful duties for which the exception applies, the prohibition may still apply.
- Affirmative defenses:
- The person acted in response to a bona fide emergency; or
- The person reasonably believed the action was necessary to preserve the child’s health, safety, or welfare.
- Penalties:
- Up to 5 years in state prison, or
- Up to 2½ years in a house of correction, or
- Both imprisonment and a fine up to $5,000.
Who would be affected
- Primary: any private individual who knowingly attempts to lure a person under 16 into a vehicle without parental permission.
- Secondary: professionals (police, emergency personnel, school staff, nonprofit/religious youth workers, bookmobile operators) who are covered by explicit exceptions when acting within their lawful duties; however, the bill specifies that actions outside the lawful scope of those duties are not protected.
- Families and caretakers: reinforces a legal protection to help prevent unauthorized removal or transport of minors.
Procedural status & timeline (from provided docket)
- Filed as Senate Docket No. 538 / S.1150 on 01/13/2025 by Senator Jason M. Lewis.
- Referred to the Judiciary Committee. The bill notes similar matter filed in the prior legislative session (S.1030, 2023–2024).
- No effective date is included in the provided child‑enticement text; the bill will take effect according to Massachusetts legislative procedures if enacted.
Practical impact / considerations
- Creates a stand‑alone criminal offense aimed at preventing enticement of minors into vehicles.
- The affirmative defenses and enumerated exceptions aim to avoid criminalizing legitimate emergency actions and routine duties of public‑safety and child‑serving professionals.
- Implementation may require training/awareness for authorized actors about the “scope of duties” limitation to avoid ambiguity in borderline situations.
If you want, I can:
- Draft a short comparison to existing Massachusetts law on child luring/entrapment,
- Provide likely enforcement or prosecutorial considerations, or
- Track current committee activity and update the procedural status.
Compiled from official sources — confirm details with the bill’s official record.
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