76-4-401 - Enticing a minor -- Elements -- Penalties.
76-4-401. Enticing a minor -- Elements -- Penalties.
(1) As used in this section:
(a) "Minor" means a person who is under the age of 18.
(b) "Text messaging" means a communication in the form of electronic text or one ormore electronic images sent by the actor from a telephone or computer to another person'stelephone or computer by addressing the communication to the person's telephone number.
(2) (a) A person commits enticement of a minor when the person knowingly uses orattempts to use the Internet or text messaging to solicit, seduce, lure, or entice a minor or anotherperson that the actor believes to be a minor to engage in any sexual activity which is a violationof state criminal law.
(b) A person commits enticement of a minor when the person knowingly uses theInternet or text messaging to:
(i) initiate contact with a minor or a person the actor believes to be a minor; and
(ii) subsequently to the action under Subsection (2)(b)(i), by any electronic or writtenmeans, solicits, seduces, lures, or entices, or attempts to solicit, seduce, lure, or entice the minoror a person the actor believes to be the minor to engage in any sexual activity which is a violationof state criminal law.
(3) It is not a defense to the crime of enticing a minor under Subsection (2), or an attemptto commit this offense, that a law enforcement officer or an undercover operative who is workingwith a law enforcement agency was involved in the detection or investigation of the offense.
(4) An enticement of a minor under Subsection (2)(a) or (b) with the intent to commit:
(a) a first degree felony is a:
(i) second degree felony upon the first conviction for violation of this Subsection (4)(a);and
(ii) first degree felony punishable by imprisonment for an indeterminate term of notfewer than three years and which may be for life, upon a second or any subsequent conviction fora violation of this Subsection (4)(a);
(b) a second degree felony is a third degree felony;
(c) a third degree felony is a class A misdemeanor;
(d) a class A misdemeanor is a class B misdemeanor; and
(e) a class B misdemeanor is a class C misdemeanor.
(5) (a) When a person who commits a felony violation of this section has been previouslyconvicted of an offense under Subsection (5)(b), the court may not in any way shorten the prisonsentence, and the court may not:
(i) grant probation;
(ii) suspend the execution or imposition of the sentence;
(iii) enter a judgment for a lower category of offense; or
(iv) order hospitalization.
(b) The sections referred to in Subsection (5)(a) are:
(i) Section 76-4-401, enticing a minor;
(ii) Section 76-5-301.1, child kidnapping;
(iii) Section 76-5-402, rape;
(iv) Section 76-5-402.1, rape of a child;
(v) Section 76-5-402.2, object rape;
(vi) Section 76-5-402.3, object rape of a child;
(vii) Subsection 76-5-403(2), forcible sodomy;
(viii) Section 76-5-403.1, sodomy on a child;
(ix) Section 76-5-404, forcible sexual abuse;
(x) Section 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of a child;
(xi) Section 76-5-405, aggravated sexual assault;
(xii) any offense in any other state or federal jurisdiction which constitutes or wouldconstitute a crime in Subsections (4)(b)(i) through (xi); or
(xiii) the attempt, solicitation, or conspiracy to commit any of the offenses in Subsections(4)(b)(i) through (xii).
Amended by Chapter 342, 2008 General Session