Section 35-42-3.5-1.2 - Promotion of child sexual trafficking; promotion of sexual trafficking of a younger child(a) A person who knowingly or intentionally recruits, entices, harbors, or transports a child less than eighteen (18) years of age with the intent of causing the child to engage in:(1) prostitution or juvenile prostitution; or(2) a performance or incident that includes sexual conduct in violation of IC 35-42-4-4(b) or IC 35-42-4-4(c) (child exploitation); commits promotion of child sexual trafficking, a Level 3 felony.
(b) It is not a defense to a prosecution under this section that the: (1) child consented to engage in prostitution or juvenile prostitution or to participate in sexual conduct; or(2) intended victim of the offense is a law enforcement officer.(c) A person who knowingly or intentionally recruits, entices, harbors, or transports a child less than sixteen (16) years of age with the intent of inducing or causing the child to participate in sexual conduct commits promotion of sexual trafficking of a younger child, a Level 3 felony. It is a defense to a prosecution under this subsection if: (1) the child is at least fourteen (14) years of age but less than sixteen (16) years of age and the person is less than eighteen (18) years of age; or(2) all the following apply:(A) The person is not more than four (4) years older than the victim.(B) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term "ongoing personal relationship" does not include a family relationship.(C) The crime: (i) was not committed by a person who is at least twenty-one (21) years of age;(ii) was not committed by using or threatening the use of deadly force;(iii) was not committed while armed with a deadly weapon;(iv) did not result in serious bodily injury;(v) was not facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; and(vi) was not committed by a person having a position of authority or substantial influence over the victim.(D) The person has not committed another sex offense (as defined in IC 11-8-8-5.2), including a delinquent act that would be a sex offense if committed by an adult, against any other person.(E) The person is not promoting prostitution (as defined in IC 35-45-4-4) with respect to the victim even though the person has not been charged with or convicted of the offense.Added by P.L. 144-2018,SEC. 22, eff. 7/1/2018.