Section 566.211

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 566

Effective - 01 Jan 2017, 2 histories, see footnote   

  566.211.  Sexual trafficking of a child, second degree, penalty. — 1.  A person commits the offense of sexual trafficking of a child in the second degree if he or she knowingly:

  (1)  Recruits, entices, harbors, transports, provides, or obtains by any means, including but not limited to through the use of force, abduction, coercion, fraud, deception, blackmail, or causing or threatening to cause financial harm, a person under the age of eighteen to participate in a commercial sex act, a sexual performance, or the production of explicit sexual material as defined in section 573.010, or benefits, financially or by receiving anything of value, from participation in such activities;

  (2)  Causes a person under the age of eighteen to engage in a commercial sex act, a sexual performance, or the production of explicit sexual material as defined in section 573.010; or

  (3)  Advertises the availability of a person under the age of eighteen to participate in a commercial sex act, a sexual performance, or the production of explicit sexual material as defined in section 573.010.

  2.  It shall not be a defense that the defendant believed that the person was eighteen years of age or older.

  3.  The offense sexual trafficking of a child in the second degree is a felony punishable by imprisonment for a term of years not less than ten years or life and a fine not to exceed two hundred fifty thousand dollars if the child is under the age of eighteen.  If a violation of this section was effected by force, abduction, or coercion, the crime of sexual trafficking of a child shall be a felony for which the authorized term of imprisonment is life imprisonment without eligibility for probation or parole until the defendant has served not less than twenty-five years of such sentence.

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(L. 2004 H.B. 1487, A.L. 2011 H.B. 214, A.L. 2014 S.B. 491, A.L. 2016 H.B. 1562)

Transferred 2014; formerly 566.212; Effective 1-01-17