The bill introduces a new criminal classification called "child enticement," which is committed by knowingly using electronic communication, in-person acts, third-party involvement, or written communication to lure or entice a minor to distribute visual depictions of genitals or the female breast, or by committing any act to facilitate the sexual abuse of the minor. The bill also exempts from this classification any visual depiction that has serious literary, artistic, political, or scientific value for minors.
Under the new bill, child enticement is classified as a class 5 felony, but it becomes a class 4 felony if the defendant is in a position of trust. Additionally, the bill amends the existing law to include child enticement in the list of offenses eligible for the Romeo and Juliet defense, which applies when the victim is 15-17 years old, the defendant is under 19 or attending high school, and is no more than 24 months older than the victim, with consensual conduct. Definitions for "electronic communication device," "sexual abuse," and "visual depiction" are provided within the bill.
Statutes affected: Introduced Version: 13-1430
House Engrossed Version: 13-1407, 13-1430, 13-1404, 13-1405, 13-1402, 13-1406, 13-3560
Senate Engrossed Version: 13-1407, 13-1430, 13-1404, 13-1405, 13-1402, 13-1406, 13-3560
Chaptered Version: 13-1407, 13-1430, 13-1404, 13-1405, 13-1402, 13-1406, 13-3560