§ 14-202.3. Solicitation of child by computer or certain other electronic devices to commit an unlawful sex act.
§ 14‑202.3. Solicitation of child by computer or certain other electronic devices to commitan unlawful sex act.
(a) Offense. A personis guilty of solicitation of a child by a computer if the person is 16 years ofage or older and the person knowingly, with the intent to commit an unlawfulsex act, entices, advises, coerces, orders, or commands, by means of a computeror any other device capable of electronic data storage or transmission, a childwho is less than 16 years of age and at least five years younger than thedefendant, or a person the defendant believes to be a child who is less than 16years of age and who the defendant believes to be at least five years youngerthan the defendant, to meet with the defendant or any other person for the purposeof committing an unlawful sex act. Consent is not a defense to a charge underthis section.
(b) Jurisdiction. Theoffense is committed in the State for purposes of determining jurisdiction, ifthe transmission that constitutes the offense either originates in the State oris received in the State.
(c) Punishment. Aviolation of this section is punishable as follows:
(1) A violation is aClass H felony except as provided by subdivision (2) of this subsection.
(2) If either thedefendant, or any other person for whom the defendant was arranging the meetingin violation of this section, actually appears at the meeting location, thenthe violation is a Class G felony. (1995 (Reg. Sess., 1996), c. 632, s. 1; 2005‑121,s. 1; 2008‑218, s. 5; 2009‑336, s. 1.)