76-5-417. Enticing a minor to engage in sexual activity.
(1) As used in this section: "Minor" means an individual who is under 18 years old. "Electronic communication" means the same as that term is defined in Section. 76-12-201 "Electronic communication device" means the same as that term is defined in Section. 76-12-201 Terms defined in Sectionapply to this section. 76-1-101.5
(2) An actor commits enticing a minor to engage in sexual activity if the actor knowingly: uses an electronic communication or an electronic communication device to: 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; 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 initiate contact with a minor or a person the actor believes to be a minor; and subsequent to the action described in Subsection, 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)(a)(iii)(A) 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 Subsectionis punishable as follows: (2) enticement to engage in sexual activity that would be a first degree felony for the actor is a: second degree felony upon the first conviction for violation of this Subsection; and (3)(a) 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) enticement to engage in sexual activity that would be a second degree felony for the actor is a third degree felony; enticement to engage in sexual activity that would be a third degree felony for the actor is a class A misdemeanor; enticement to engage in sexual activity that would be a class A misdemeanor for the actor is a class B misdemeanor; and 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 Subsectionthat 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. (2)
(5) When an actor who commits a felony violation of this section has previously been convicted of an offense described in Subsection, the court may not in any way shorten the prison sentence, and the court may not: (5)(b) grant probation; suspend the execution or imposition of the sentence; enter a judgment for a lower category of offense; or order hospitalization. The offenses referred to in Subsectionare: (5)(a) child kidnapping as described in Section; 76-5-301.1 human trafficking of a child for labor as described in Section; 76-5-308.5 human trafficking of a child for commercial sexual exploitation as described in Section; 76-5-308.6 rape as described in Section; 76-5-402 rape of a child as described in Section; 76-5-402.1 object rape as described in Section; 76-5-402.2 object rape of a child as described in Section; 76-5-402.3 forcible sodomy as described in Section; 76-5-403 sodomy on a child as described in Section; 76-5-403.1 forcible sexual abuse as described in Section; 76-5-404 sexual abuse of a child as described in Section; 76-5-404.1 aggravated sexual abuse of a child as described in Section; 76-5-404.3 aggravated sexual assault as described in Section; 76-5-405 enticing a minor to engage in sexual activity as described in Section; 76-5-417 any offense in any other state or federal jurisdiction that constitutes or would constitute a crime in Subsectionsthrough (xiv); or (5)(b)(i) the attempt, solicitation, or conspiracy to commit any of the offenses in Subsectionsthrough (xv). (5)(b)(i)