A. It shall be unlawful for any person to knowingly or intentionally use any communication facility in committing, causing, or facilitating the commission of any offense under OMC Section 9.05.080, or in any attempt to commit, any conspiracy to commit, or any criminal solicitation of any offense under OMC Section 9.05.080.

B. Violation of this Section is a Class A Public Offense.

C. As used in this Section, “communication facility” means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures or sounds of all kinds and includes telephone, wire, radio, computer, computer networks, beepers, pagers and all other means of communication.

D. It shall be an affirmative defense to any prosecution under this Section that the defendant committed the violation of this Section because such defendant was subject to human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto.

E. Each separate use of a communication facility may be charged as a separate offense under this Section. (Ord. 17-48 § 4, 2017.)