A person commits the offense of trafficking a person for a commercial sex act who:
Knowingly subjects, attempts to subject, benefits from, or attempts to benefit from another person’s provision of a commercial sex act;
Recruits, entices, harbors, transports, provides, purchases, or obtains by any other means, another person for the purpose of providing a commercial sex act; or
Commits the acts in this subsection (a) when the intended victim of the offense is a law enforcement officer or a law enforcement officer eighteen (18) years of age or older posing as a minor.
For purposes of subdivision (a)(2), such means may include, but are not limited to:
Causing or threatening to cause physical harm to the person;
Physically restraining or threatening to physically restrain the person;
Abusing or threatening to abuse the law or legal process;
Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person;
Using blackmail or using or threatening to cause financial harm for the purpose of exercising financial control over the person; or
Facilitating or controlling a person’s access to a controlled substance.
A violation of subsection (a) is a Class B felony, except where the victim of the offense is a child under fifteen (15) years of age, or where the offense occurs on the grounds or facilities or within one thousand feet (1,000′) of a public or private school, secondary school, preschool, child care agency, public library, recreational center, or public park, a violation of subsection (a) is a Class A felony.
It is not a defense to a violation of this section that:
The intended victim of the offense is a law enforcement officer;
The victim of the offense is a minor who consented to the act or acts constituting the offense; or
The solicitation was unsuccessful, the conduct solicited was not engaged in, or the law enforcement officer could not engage in the solicited offense.
