Utah Man Charged a Second Time With Enticing A Minor

A Utah man facing charges for enticing a minor was arrested a second time after attempting to entice a minor while out on bail.

Online crimes

Photo by: Bill Selak

31 year old Kyler Craig Robertson was arrested in early May for enticing a minor after he was caught trying to lure a young teen off the internet to meet him for sex. Robertson was arrested when the teen he was trying to meet up at a local park turned out to be an undercover police officer. Robertson told authorities he had sexual thoughts about minors and that he considered himself a danger to children. Regardless of this confession that could put other minors in harm’s way, he was released on bail shortly after his arrest.

Arrested while on bail

Less than three weeks following his arrest for enticing a minor, Robertson again attempted to entice a teen on the internet. When he arrived at the planned location to engage in sexual activity, he was arrested again. Robertson admitted to being attracted to young teens and claimed he also viewed child pornography. Following his second arrest, his bail was listed at a hefty $100,000.

Enticing a minor

Utah Code 76-5-401 states “A person commits enticement of a minor when the person knowingly uses the Internet or text messaging to solicit, seduce, lure, or entice a minor, or to attempt to solicit, seduce, lure, or entice a minor, or another person that the actor believes to be a minor, to engage in any sexual activity which is a violation of state criminal law.” The punishment for enticing a minor depends on the type of sexual activity the suspect intended to engage in with the minot. Section 76-5-401 goes on to explain that “Enticement of a minor . . . is punishable as follows:

(a) enticement to engage in sexual activity which would be a first degree felony for the actor is a . . . second degree felony upon the first conviction . . . ;
(b) enticement to engage in sexual activity which would be a second degree felony for the actor is a third degree felony;
(c) enticement to engage in sexual activity which would be a third degree felony for the actor is a class A misdemeanor;
(d) enticement to engage in sexual activity which would be a class A misdemeanor for the actor is a class B misdemeanor; and
(e) enticement to engage in sexual activity which would be a class B misdemeanor for the actor is a class C misdemeanor.”

Double or subsequent charge

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The charges against Robertson would have been a first degree felony had he committed the act he intended to do with the young teen, so he is now facing multiple second degree enticement charges as explained above. It has not yet been stated whether or not he will be facing those charges together or individually, one right after the other, otherwise known as a subsequent charge. Section 76-5-401 warns that a second or any subsequent conviction of a second degree enticement charge is. . . “punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life”.

Knowing he’s a danger

Robertson committed these crimes against minors, but he also knew that he had a problem. By voicing to authorities his sexual feelings toward minors and admitting he was a danger to children, he was putting the safety of potential victims in the hands of the judicial system. Releasing him on an obtainable bail the first time set him up to fail a second time while also putting those around him in danger. Anyone facing criminal charges, regardless of whether or not they have a mental health issue is encouraged to be represented by a qualified attorney.