Title 16, Chapter 6, Section 5
( 16-6-5)
(a) A person commits the offense of enticing a child for indecent
purposes when he or she solicits, entices, or takes any child under
the age of 16 years to any place whatsoever for the purpose of child
molestation or indecent acts. (b) A person convicted of the offense of enticing a child for
indecent purposes shall be punished by imprisonment for not less
than one nor more than 20 years. Upon a first conviction of the
offense of enticing a child for indecent purposes, the judge may
probate the sentence; and such probation may be upon the special
condition that the defendant undergo a mandatory period of
counseling administered by a licensed psychiatrist or a licensed
psychologist. However, if the judge finds that such probation should
not be imposed, he shall sentence the defendant to imprisonment.
Upon a second or third conviction of such offense, the defendant
shall be punished by imprisonment for not less than five years. For
a fourth or subsequent conviction of the offense of enticing a child
for indecent purposes, the defendant shall be punished by
imprisonment for 20 years. Adjudication of guilt or imposition of
sentence for a conviction of a third, fourth, or subsequent offense
of enticing a child for indecent purposes, including a plea of nolo
contendere, shall not be suspended, probated, deferred, or withheld. |