§ 76-5-417 — Enticing a minor to engage in sexual activity.

(1) (1)(a) As used in this section:
(1)(a)(i) "Minor" means an individual who is under 18 years old.
(1)(a)(ii) "Electronic communication" means the same as that term is defined in Section 76-12-201.
(1)(a)(iii) "Electronic communication device" means the same as that term is defined in Section 76-12-201.
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits enticing a minor to engage in sexual activity if the actor knowingly:
(2)(a) uses an electronic communication or an electronic communication device to:
(2)(a)(i) solicit, seduce, lure, or entice a minor, or to attempt to solicit, seduce, lure, or entice a minor, or another person who the actor believes to be a minor, to engage in sexual activity that is a violation of state criminal law;
(2)(a)(ii) communicate with any individual with the intent to solicit, seduce, lure, or entice a minor, or attempt to solicit, seduce, lure, or entice a minor, to engage in sexual activity that is a violation of state criminal law; or
(2)(a)(iii) (2)(a)(iii)(A) initiate contact with a minor or a person the actor believes to be a minor; and
(2)(a)(iii)(B) subsequent to the action described in Subsection (2)(a)(iii)(A), by any electronic or written means, solicits, seduces, lures, or entices the minor, or attempts to solicit, seduce, lure, or entice the minor, or a person the actor believes to be the minor, to engage in sexual activity that is a violation of state criminal law; or
(2)(b) develops a relationship of trust with a minor or the minor's parent or guardian with the intent to solicit, seduce, lure, or entice the minor, or attempt to solicit, seduce, lure, or entice the minor, to engage in sexual activity that is a violation of state criminal law.
(3) A violation of Subsection (2) is punishable as follows:
(3)(a) enticement to engage in sexual activity that would be a first degree felony for the actor is a:
(3)(a)(i) second degree felony upon the first conviction for violation of this Subsection (3)(a); and
(3)(a)(ii) first degree felony punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life, upon a second or any subsequent conviction for a violation of this Subsection (3)(a);
(3)(b) enticement to engage in sexual activity that would be a second degree felony for the actor is a third degree felony;
(3)(c) enticement to engage in sexual activity that would be a third degree felony for the actor is a class A misdemeanor;
(3)(d) enticement to engage in sexual activity that would be a class A misdemeanor for the actor is a class B misdemeanor; and
(3)(e) enticement to engage in sexual activity that would be a class B misdemeanor for the actor is a class C misdemeanor.
(4) It is not a defense to a violation, or attempted violation, of Subsection (2) that a law enforcement officer or an undercover operative who is employed by a law enforcement agency was involved in the detection or investigation of the offense.
(5) (5)(a) When an actor who commits a felony violation of this section has previously been convicted of an offense described in Subsection (5)(b), the court may not in any way shorten the prison sentence, and the court may not:
(5)(a)(i) grant probation;
(5)(a)(ii) suspend the execution or imposition of the sentence;
(5)(a)(iii) enter a judgment for a lower category of offense; or
(5)(a)(iv) order hospitalization.
(5)(b) The sections referred to in Subsection (5)(a) are:
(5)(b)(i) child kidnapping as described in Section 76-5-301.1;
(5)(b)(ii) human trafficking of a child as described in Section 76-5-308.5;
(5)(b)(iii) rape as described in Section 76-5-402;
(5)(b)(iv) rape of a child as described in Section 76-5-402.1;
(5)(b)(v) object rape as described in Section 76-5-402.2;
(5)(b)(vi) object rape of a child as described in Section 76-5-402.3;
(5)(b)(vii) forcible sodomy as described in Section 76-5-403;
(5)(b)(viii) sodomy on a child as described in Section 76-5-403.1;
(5)(b)(ix) forcible sexual abuse as described in Section 76-5-404;
(5)(b)(x) sexual abuse of a child as described in Section 76-5-404.1;
(5)(b)(xi) aggravated sexual abuse of a child as described in Section 76-5-404.3;
(5)(b)(xii) aggravated sexual assault as described in Section 76-5-405;
(5)(b)(xiii) enticing a minor to engage in sexual activity as described in Section 76-5-417;
(5)(b)(xiv) any offense in any other state or federal jurisdiction that constitutes or would constitute a crime in Subsections (5)(b)(i) through (xiii); or
(5)(b)(xv) the attempt, solicitation, or conspiracy to commit any of the offenses in Subsections (5)(b)(i) through (xiv).

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session