(1) F(c): pays, offers or agrees to pay a fee to engage in sexual intercourse or sexual contact with a minor, a police officer posing as minor or an agent of a police officer posing as a minor

(2) suspect is 18 or older AND

(a) if having no prior conviction for this section at the time of the offense, the suspect may use 163.325 (ignorance or mistake as a defense) if the age of minor, or the age reported to the suspect by the police officer or agent of the police officer posing as a minor is 16 or older

(b) F(b): prior convictions under this section at the time of the offense

• 163.325 (ignorance or mistake as a defense) applies