(a)No person shall engage in a sexual act as defined in section 3251 of this title or sexual conduct as defined in section 2821 of this title with a minor if:
(1)the actor is at least 48 months older than the minor; and
(2)the actor is in a position of power, authority, or supervision over the minor by virtue of the actor’s undertaking the responsibility, professionally or voluntarily, to provide for the health or welfare of minors, or guidance, leadership, instruction, or organized recreational activities for minors.
(b)No person who is prohibited from engaging in a sexual act as defined in section 3251 of this title or sexual conduct as defined in section 2821 of this title with a minor pursuant to subsection (a) of this section shall knowingly solicit, lure, manipulate, or entice, o
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(a) No person shall engage in a sexual act as defined in section 3251 of this title or sexual conduct as defined in section 2821 of this title with a minor if:
(1) the actor is at least 48 months older than the minor; and
(2) the actor is in a position of power, authority, or supervision over the minor by virtue of the actor’s undertaking the responsibility, professionally or voluntarily, to provide for the health or welfare of minors, or guidance, leadership, instruction, or organized recreational activities for minors.
(b) No person who is prohibited from engaging in a sexual act as defined in section 3251 of this title or sexual conduct as defined in section 2821 of this title with a minor pursuant to subsection (a) of this section shall knowingly solicit, lure, manipulate, or entice, or to attempt to solicit, lure, manipulate, or entice, such minor or another person believed by the person to be such a minor to engage in sexual conduct.
(c)(1) A person who violates subsection (a) of this section shall be imprisoned for not more than one year or fined not more than $2,000.00, or both.
(2) A person who violates subsection (a) of this section and who abuses the person’s position of power, authority, or supervision over the minor in order to engage in a sexual act as defined in section 3251 of this title or sexual conduct as defined in section 2821 of this title shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.
(d)(1) A person who violates subsection (b) of this section shall be imprisoned for not more than six months or fined not more than $1,000.00, or both.
(2) A person who violates subsection (b) of this section and who abuses the person’s position of power, authority, or supervision over the minor in order to engage in a sexual act as defined in section 3251 of this title or sexual conduct as defined in section 2821 of this title shall be imprisoned for not more than two years or fined not more than $5,000.00, or both. (Added 2009, No. 1, § 13; amended 2023, No. 102 (Adj. Sess.), § 2, eff. May 7, 2024; 2023, No. 172 (Adj. Sess.), § 4, eff. July 1, 2024.)