Section 5-70-103 - Sexual solicitation(a) A person commits the offense of sexual solicitation if he or she: (1) Offers or agrees to pay a fee to a person to engage in sexual activity with him or her or another person; or(2) Solicits or requests a person to engage in sexual activity with him or her in return for a fee.(b) Sexual solicitation is an unclassified misdemeanor with the following sentences: (1) For a first offense: (A) No more than ninety (90) days' imprisonment;(B) A fine of no more than two thousand dollars ($2,000); or(C) Both imprisonment and a fine; and(2) For a second or subsequent offense:(A) No more than one (1) year of imprisonment;(B) A fine of no more than three thousand five hundred dollars ($3,500); or(C) Both imprisonment and a fine.(c) It is an affirmative defense to prosecution under this section that the person engaged in an act of sexual solicitation as a result of being a victim of trafficking of persons, § 5-18-103.(d)(1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of two thousand five hundred dollars ($2,500).(2) Fine payments received under subdivision (d)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and(B) Fifty percent (50%) into the Human Trafficking Victim Support Fund.Amended by Act 2023, No. 327,§ 8, eff. 8/1/2023.Amended by Act 2017, No. 765,§ 2, eff. 8/1/2017.Amended by Act 2013, No. 1257,§ 6, eff. 8/16/2013.Amended by Act 2013, No. 1157,§ 4, eff. 8/16/2013.Amended by Act 2013, No. 133,§ 5, eff. 8/16/2013.Amended by Act 2013, No. 132,§ 5, eff. 8/16/2013.Acts 1975, No. 280, § 3003; A.S.A. 1947, § 41-3003; Acts 1999, No. 591, § 1; 2009, No. 428, § 1.