§ 5-70-103. Sexual solicitation

(a) A person commits the offense of sexual solicitation if he or she:

1. (1) Offers or agrees to pay a fee to a person to engage in sexual activity with him or her or another person; or

2. (2) Solicits or requests a person to engage in sexual activity with him or her in return for a fee.

(b) Sexual solicitation is an unclassified misdemeanor with the following sentences:

1. (1) For a first offense:

   1. (A) No more than ninety (90) days’ imprisonment;

   2. (B) A fine of no more than two thousand dollars ($2,000); or

   3. (C) Both imprisonment and a fine; and

2. (2) For a second or subsequent offense:

   1. (A) No more than one (1) year of imprisonment;

   2. (B) A fine of no more than three thousand five hundred dollars ($3,500); or

   3. (C) Both imprisonment and a fine.

(c) It is an affirmative defense to prosecution under this section that the person engaged in an act of sexual solicitation as a result of being a victim of trafficking of persons, § 5-18-103.

(d) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of two hundred fifty dollars ($250) to be deposited into the Safe Harbor Fund for Sexually Exploited Children.