A Smith County teen faces felony charges after he allegedly solicited a 16-year-old Tullahoma girl online and was then caught in the backseat of his car with the underage female on the Fourth of July.

The suspect, Daltine Lee Johnson, 19, of Smith County is charged with solicitation of a minor to observe and illegal photographing. The first count is a felony offense.

The teen was charged after a police officer saw his car sitting in Wagner Park after closing. When they officer went to investigate he could Johnson and the 16-year-old girl in the youth’s back seat. Police then learned Johnson had traveled to Tullahoma from Smith County, about 75 miles north.

“He had traveled from Smith County to meet with the minor who he had met online,” the warrant states. “He admitted to soliciting and sending obscene photos and text messages to the minor with the express intent of sexual gratification.”

While the offense is a Class E felony carrying one to two years in prison if convicted, Johnson’s relatively young age may cause an exception.

The law is unclear about a possible exception that provides that if the victim is at least 15 but not 18 and the perpetrator is four years or less older than the victim then there is an exception to the law. Johnson would fit within that halo where the law states: “Except as provided in subdivision (b)(4)(B), it is an exception to the application of this subsection (b) that the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is no more than four (4) years older than the victim.”  However, there is other wording on the next line of the same statute says:  Subdivision (b)(4)(A) shall not apply or be an exception to the application of this subsection (b), if the defendant intentionally commanded, hired, induced or caused the victim to violate this subsection (b). The decision as to whether there will be an exception according to the law will be determined by the judge.