landofmoab,
There is merit to your argument. When someone suddenly finds out that the person they are with is younger than they should be? Well I can see that to a point, but these charges are different. These guys were caught in the act of trying to commit second degree felonies. They were fully aware of the age of the person they were soliciting as that is a requirement for catching these guys. People can change. I will treat these people civilly. However, in a community so full of kids I feel that people should use caution. That is why the registry was made. They have to live with that. It is the law. I know this is a controversial topic. I just hold the safety of our community higher than their successful integration into society.
76-4-401. Enticing a minor over the Internet -- Elements -- Penalties.
(1) A person commits enticement of a minor over the Internet when, not amounting to an attempt, conspiracy, or solicitation under Section 76-4-101, 76-4-201, or 76-4-203, the person knowingly uses a computer to solicit, seduce, lure, or entice, or attempt to solicit, seduce, lure, or entice a minor or a person the defendant believes to be a minor to engage in any sexual activity which is a violation of state criminal law.
(2) It is not a defense to the crime of enticing a minor under Subsection (1), or an attempt to commit this offense, that a law enforcement officer or an undercover operative who is working with a law enforcement agency was involved in the detection or investigation of the offense.
(3) An enticement of a minor under Subsection (1) with the intent to commit:
(a) a first degree felony is a second degree felony;
(b) a second degree felony is a third degree felony;
(c) a third degree felony is a class A misdemeanor;
(d) a class A misdemeanor is a class B misdemeanor; and
(e) a class B misdemeanor is a class C misdemeanor.
Enacted by Chapter 353, 2001 General Session
