Promoting Prostitution – Unacceptable Defenses

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  1. A person commits an offense under this section:
    1. Who promotes prostitution; or
    2. Who promotes prostitution where the subject of the offense is a law enforcement officer or is a law enforcement officer eighteen (18) years of age or older posing as a minor.
  2. Except as provided in subsection (c), promoting prostitution is a Class E felony.
  3. Promoting prostitution is punishable as:
    1. Trafficking for a commercial sex act under § 39-13-309 if the person being promoted is less than eighteen (18) years of age; or
    2. A Class D felony if the person being promoted has an intellectual disability as defined in § 33-1-101.
  4. It is not a defense to a violation of this section that:
    1. The subject of the offense is a law enforcement officer;
    2. The victim of the offense is a minor and consented to the offense; or
    3. The solicitation was unsuccessful, the conduct solicited was not engaged in, or a law enforcement officer could not engage in the solicited offense.


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