§ 5-70-107 — Sexual solicitation of a minor

(a) A person commits the offense of sexual solicitation of a minor if he or she: (1) Offers or agrees to pay a fee or provide a thing of value to a person who he or she knows or reasonably should know is a minor to engage in sexual activity with the person who he or she knows or reasonably should know is a minor; (2) Offers or agrees to pay a fee or provide a thing of value to another person for the purpose of engaging in sexual activity with a person who he or she knows or reasonably should know is a minor; (3) Solicits, offers, or agrees to accept a fee or a thing of value from another person for the purpose of allowing the other person to engage in sexual activity with a person who he or she knows or reasonably should know is a minor; or (4) Pays a fee or provides a thing of value to a person who he or she knows or reasonably should know is a minor or another person for the purpose of engaging in sexual activity with the person who he or she knows or reasonably should know is a minor. (b) It is an affirmative defense to a prosecution under this section that the actor in good faith reasonably believed that the minor was eighteen (18) years of age or older. (c) It is not a defense to a prosecution under this section that the minor consented to the sexual activity. (d) Sexual solicitation of a minor is a Class B felony. (e) (1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000). (2) Fine payments received under subdivision (e)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and (B) Fifty percent (50%) into the Human Trafficking Victim Support Fund.

Legislative History

Added by Act 2023, No. 722,§ 1, eff. 8/1/2023.