(1) A person commits the crime of luring a minor if the person:
(a) Furnishes to, or uses with, a minor a visual representation or explicit verbal description or narrative account of sexual conduct; and
(b) Furnishes or uses the representation, description or account for the purpose of:
(A) Arousing or satisfying the sexual desires of the person or the minor; or
(B) Inducing the minor to engage in sexual conduct.
(2) A person is not liable to prosecution for violating subsection (1) of this section if the person furnishes or uses a representation, description or account of sexual conduct that forms merely an incidental part of an otherwise nonoffending whole and serves some purpose other than titillation.
(3) In a prosecution under subsection (1) of this section, it is an affirmative defense:
(a) That the representation, description or account was furnished or used for the purpose of psychological or medical treatment and was furnished by a treatment provider or by another person acting on behalf of the treatment provider;
(b) That the defendant had reasonable cause to believe that the person to whom the representation, description or account was furnished or with whom the representation, description or account was used was not a minor; or
(c) That the defendant was less than three years older than the minor at the time of the alleged offense.
(4) In a prosecution under subsection (1) of this section, it is not a defense that the person to whom the representation, description or account was furnished or with whom the representation, description or account was used was not a minor but was a law enforcement officer posing as a minor.
(5) Luring a minor is a Class C felony. [2007 c.869 §3]
Note: See note under 167.051.
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