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PROVO, Utah (AP) -- Utah County Sheriff Jim Tracy wants a law against approaching a child with the intent to do harm.
He said that a few years ago, a sex offender approached a 5-year-old girl in Springville. The girl yelled for him to stay back and ran. When police found him, they were able to arrest him on a weapons violation -- for having two large knives -- but not for approaching the girl.
Tracy would like legislators to enact a law that prosecutors could use to charge predators with trying to entice children without physically grabbing them.
Tracy said he is planning on speaking with the Utah Sheriffs' Association about whether a bill, modeled on one in Ohio, should be pushed in the 2007 legislative session.
Ken Wallentine, chief of law enforcement for the Utah attorney general, said are other options available for authorities to arrest and charge a person for trying to persuade a child to leave with them.
Deputy Utah County Attorney Dave Sturgill said people can be charged with an attempted crime, such as attempted rape or attempted kidnapping, if they take substantial steps to commit the crime.
A person also can be charged with solicitation, such as soliciting sex with a minor, Sturgill said. Police and prosecutors do not have to prove the suspect took substantial steps toward committing a crime if they are using the solicitation statute.
But these laws might not always help when it comes to a stranger approaching children asking them if they would like a piece of candy or if they have seen a missing puppy.
Tracy said he is aware of the potential problems with introducing an enticement law. People who legitimately are looking for their dog or someone who is trying to help a child in an emergency should not be penalized for talking with a minor, he said.
The law should be written to make sure police are not arresting innocent people, he said.
(Copyright 2006 by The Associated Press. All Rights Reserved.)
