609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL CONDUCT;
COMMUNICATION OF SEXUALLY EXPLICIT MATERIALS TO CHILDREN.
Subdivision 1. Definitions.
As used in this section:
(a) "child" means a person 15 years of age or younger;
(b) "sexual conduct" means sexual contact of the individual's primary genital area, sexual
penetration as defined in section
, or sexual performance as defined in section
(c) "solicit" means commanding, entreating, or attempting to persuade a specific person in
person, by telephone, by letter, or by computerized or other electronic means.
Subd. 2. Prohibited act.
A person 18 years of age or older who solicits a child or someone
the person reasonably believes is a child to engage in sexual conduct with intent to engage in
sexual conduct is guilty of a felony and may be sentenced as provided in subdivision 4.
Subd. 2a. Internet or computer solicitation of children.
A person 18 years of age or older
who uses the Internet or a computer, computer program, computer network, or computer system
to commit any of the following acts, with the intent to arouse the sexual desire of any person, is
guilty of a felony and may be sentenced as provided in subdivision 4:
(1) soliciting a child or someone the person reasonably believes is a child to engage in
(2) engaging in communication relating to or describing sexual conduct with a child or
someone the person reasonably believes is a child; or
(3) distributing any material, language, or communication, including a photographic or video
image, that relates to or describes sexual conduct to a child or someone the person reasonably
believes is a child.
Subd. 2b. Jurisdiction.
A person may be convicted of an offense under subdivision 2a if
the transmission that constitutes the offense either originates within this state or is received
within this state.
Subd. 3. Defenses.
(a) Mistake as to age is not a defense to a prosecution under this section.
(b) The fact that an undercover operative or law enforcement officer was involved in the
detection or investigation of an offense under this section does not constitute a defense to a
prosecution under this section.
Subd. 4. Penalty.
A person convicted under subdivision 2 or 2a is guilty of a felony and
may be sentenced to imprisonment for not more than three years, or to payment of a fine of not
more than $5,000, or both.
History: 1986 c 445 s 3; 2000 c 311 art 4 s 3,4; 2007 c 54 art 2 s 7