(a) A person is guilty of promoting sexual solicitation of a child if the person, being 18 years of age or older, intentionally or knowingly:
(1) Promotes, entices, offers, encourages, solicits or otherwise attempts to cause any child to engage in a prohibited sexual act; or
(2) Uses a computer, cellular telephone, or other electronic device to communicate with another person to solicit, request, command, importune, entice, encourage or otherwise attempt to cause that person to engage in a prohibited sexual act with a child.
(b) For purposes of this section, “child” means:
(1) An individual who is younger than 18 years of age; or
(2) An individual who represents himself or herself to be younger than 18 years of age; or
(3) An individual whom the person committing the offense believes to be younger than 18 years of age.
(c) For the purposes of this section, conduct occurring outside the State shall be sufficient to constitute this offense if such conduct is within the terms of § 204 of this title, or in the instance of any manner of electronic communication or other communication that does not occur in person, the offense is committed in this State if such communication either originated in this State or is received in this State.
(d) For the purposes of this section, it is not a defense to prosecution that at the time the conduct described in subsection (a) of this section occurred:
(1) The solicited prohibited sexual act did not occur; or
(2) The person was engaged in a fantasy or role playing at the time of the commission of the offense.
(e) Nothing in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.
(f) Promoting sexual solicitation is a class C felony except as provided in subsection (g) of this section.
(g) Promoting sexual solicitation of a child is a class B felony if the defendant meets in person or attempts to meet in person with another person and a child, or otherwise produces or delivers a child to another person, for the purpose of the person engaging in a prohibited sex act with the child.
79 Del. Laws, c. 262, § 1; 70 Del. Laws, c. 186, § 1.
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