1. (1)

   1. (a) As used in this section:

      1. (i) "Minor" means an individual who is younger than 18 years old.
      2. (ii) "Solicit" means to ask, command, encourage, importune, offer to hire, or request.
   2. (b) Terms defined in Section 76-1-101.5 apply to this section.
2. (2) An actor commits criminal solicitation of a minor if, with the intent that a felony or class A misdemeanor offense be committed, the actor solicits a minor to engage in specific conduct that, under the circumstances as the actor believes the circumstances to be, would be a felony or class A misdemeanor offense or would cause the minor to be a party to the commission of a felony or class A misdemeanor offense.

3. (3) A violation of Subsection (2) is:

   1. (a) a first degree felony if the actor solicits conduct that is a first degree felony;
   2. (b) a second degree felony if the actor solicits conduct that is a second degree felony;
   3. (c) a third degree felony if the actor solicits conduct that is a third degree felony; and
   4. (d) a class A misdemeanor if the actor solicits conduct that is a class A misdemeanor.
4. (4) An actor may be convicted under this section only if the solicitation is made under circumstances strongly corroborative of the actor's intent that the offense be committed.

5. (5) It is not a defense to a violation of this section that:

   1. (a) the minor:

      1. (i) does not agree to act upon the solicitation;
      2. (ii) does not commit an overt act;
      3. (iii) does not engage in conduct constituting a substantial step toward the commission of any offense;
      4. (iv) is not criminally responsible for the offense solicited;
      5. (v) was acquitted or the allegations about the minor in a delinquency petition were found to not be true;
      6. (vi) was not prosecuted, adjudicated, or convicted, or was convicted or adjudicated of a different offense or of a different type or degree of offense; or
      7. (vii) is immune from prosecution; or

   2. (b) the actor:

      1. (i) belongs to a class of persons that by definition is legally incapable of committing the offense in an individual capacity; or
      2. (ii) fails to communicate with the minor that the actor solicits to commit an offense if the intent of the actor's conduct was to effect the communication.
6. (6) Nothing in this section prevents an actor who otherwise solicits a minor to engage, or intentionally aids in a minor in engaging, in conduct that constitutes an offense from being prosecuted and convicted as a party to the offense under Section 76-2-202 if the minor actually commits the offense.

Enacted by Chapter 301, 2024 General Session