Sec. 1.2. (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 35-48-1.1-7 ) 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.
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