T.P.I. - CRIM.  4.04              

SOLICITING MINORS TO ENGAGE IN [CERTAIN CONDUCT]

            Any person who commits the offense of soliciting a minor to engage in certain conduct is guilty of a crime.

            For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements¹:

(1)               that the defendant is eighteen (18) years of age or older;

and

(2)               that the defendant, by means of [[oral] [written] or [electronic] communication], [electronic mail] or [Internet services]  directly or through another intentionally [commanded] [requested] [hired] a person who the defendant knew or should have known to be less than eighteen (18) years of age to engage in certain conduct;

and

(3)               the conduct, if completed, would constitute a violation by the defendant of the offense[s] of: [Rape of a Child²] [Aggravated Rape³] [Rape⁴] [Aggravated Sexual Battery⁵] [Sexual Battery⁶] [Statutory Rape⁷] [Especially Aggravated Sexual Exploitation of a Minor⁸];

and

(4)       the defendant acted intentionally.

            [Include here the elements of the alleged crime(s).]9       

          [It is no defense that the solicitation was unsuccessful and the conduct solicited was not engaged in.]

            [It is no defense that if the solicited conduct were engaged in the minor would not commit any of the listed offenses.]

            [It is no defense that the minor solicited was unaware of the criminal nature of the conduct solicited.]

            “Intentionally” means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person’s conscious objective or desire to engage in the conduct or cause the result.

FOOTNOTES