39-13-528 - Offense of solicitation of a minor. - Tennessee Statutes

39-13-528. Offense of solicitation of a minor.

(a)  It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen (18) years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen (18) years of age, to engage in conduct that, if completed, would constitute a violation by the soliciting adult of one (1) or more of the following offenses:

     (1)  Rape of a child, pursuant to § 39-13-522;

     (2)  Aggravated rape, pursuant to § 39-13-502;

     (3)  Rape, pursuant to § 39-13-503;

     (4)  Aggravated sexual battery, pursuant to § 39-13-504;

     (5)  Sexual battery by an authority figure, pursuant to § 39-13-527;

     (6)  Sexual battery, pursuant to § 39-13-505;

     (7)  Statutory rape, pursuant to § 39-13-506;

     (8)  Especially aggravated sexual exploitation of a minor, pursuant to § 39-17-1005; or

     (9)  Sexual activity involving a minor, pursuant to § 39-13-529.

(b)  It is no defense that the solicitation was unsuccessful, that the conduct solicited was not engaged in, or that the law enforcement officer could not engage in the solicited offense. It is no defense that the minor solicited was unaware of the criminal nature of the conduct solicited.

(c)  A violation of this section shall constitute an offense one (1) classification lower than the most serious crime solicited, unless the offense solicited was a Class E felony, in which case the offense shall be a Class A misdemeanor.

(d)  A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person solicited the conduct of a minor located in this state, or solicited a law enforcement officer posing as a minor located within this state.

[Acts 1998, ch. 1007, § 1; 2000, ch. 944, § 1; 2005, ch. 496, § 5.]