[§709-904.5]  Compensation by an adult of
juveniles for crimes; grade or class of offense increased.  (1)  A person
other than a juvenile commits the offense of compensation of a juvenile for a
crime if the person intentionally or knowingly compensates, offers to
compensate, or agrees to compensate any juvenile for the commission of any
criminal offense.



(2)  Any person convicted of compensating,
offering to compensate, or agreeing to compensate a juvenile for the commission
of a:



(a) Petty misdemeanor shall be deemed guilty of a
misdemeanor;



(b) Misdemeanor shall be deemed guilty of a class C
felony;



(c) Class C felony shall be deemed guilty of a class
B felony;



(d) Class B or class A felony shall be deemed guilty
of a class A felony.



(3)  It is not a defense to a prosecution under
subsection (1) that the accused had no knowledge of the juvenile's age.  The
intent is to impose absolute liability with respect to the element of the other
person's being less than eighteen years old.



(4)  For the purposes of this section, the
following terms have the following meanings:



"Compensate" means to confer any
benefit or pecuniary benefit.



"Juvenile" means any person under
eighteen years of age. [L 1986, c 314, §72]



 



Revision Note



 



  Section was enacted as addition to chapter 710.



 



COMMENTARY ON §709-904.5



 



  Act 314, Session Laws 1986, provided for enhanced sentences
for an adult offering to pay a juvenile to commit a crime.  This offense is
aimed at deterring adults from inducing juveniles to engage in criminal
activity, a practice frequently used because juveniles are generally given
lesser sentences than those for adults for the same crime.  Conference
Committee Report No. 51-86.



 



Case Notes



 



  Defendant could not be convicted for compensating juvenile
for defendant's commission of sexual assault against juvenile.  85 H. 92
(App.), 937 P.2d 933.