13-3560. Aggravated luring a minor for sexual
exploitation; classification; definitions


A. A person commits aggravated luring a minor for sexual exploitation if the person
does both of the following:


1. Knowing the character and content of the depiction, uses an electronic
communication device to transmit at least one visual depiction of material that is
harmful to minors for the purpose of initiating or engaging in communication with a
recipient who the person knows or has reason to know is a minor.


2. By means of the communication, offers or solicits sexual conduct with the minor.
The offer or solicitation may occur before, contemporaneously with, after or as an
integrated part of the transmission of the visual depiction.


B. It is not a defense to a prosecution for a violation of this section that the
other person is not a minor or that the other person is a peace officer posing as a
minor.


C. Aggravated luring a minor for sexual exploitation is a class 2 felony, and if
the minor is under fifteen years of age it is punishable pursuant to section 13-705,
subsection D.


D. The defense prescribed in section 13-1407, subsection F applies to a prosecution
pursuant to this section.


E. For the purposes of this section:


1. "Electronic communication device" means any electronic device that is capable of
transmitting visual depictions and includes any of the following:


(a) A computer, computer system or network as defined in section 13-2301.


(b) A cellular or wireless telephone as defined in section 13-4801.


2. "Harmful to minors" has the same meaning prescribed in section 13-3501.