Patronizing prostitution – Unacceptable defenses

(a) A person commits an offense under this section: (1) Who patronizes prostitution; or (2) When a person patronizes prostitution where the subject of the offense is a law enforcement officer or a law enforcement officer eighteen (18) years of age or older posing as a minor. (b) (1) Patronizing prostitution is a Class A misdemeanor. (2) Patronizing prostitution within one and one-half (1.5) miles of a school shall, in addition to any other authorized punishment, be punished by no less than seven (7) days of incarceration and by a fine of not less than one thousand dollars ($1,000). (3) (A) Patronizing prostitution from a person who is younger than eighteen (18) years of age, has an intellectual disability, or is a law enforcement officer posing as a minor is punishable as trafficking for commercial sex acts under § 39-13-309. (B) Nothing in this subdivision (b)(3) shall be construed as prohibiting prosecution under any other applicable law. (c) As used in subsection (b), “school” means all public and private schools that conduct classes in any grade from kindergarten through grade twelve (K-12). (d) 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 the law enforcement officer could not engage in the solicited offense.