2017 Utah Code
Title 76 - Utah Criminal Code
Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals
Part 13 - Prostitution
Section 1302 - Prostitution.

Universal Citation: UT Code § 76-10-1302 (2017)
Effective 5/9/2017
76-10-1302. Prostitution.
  • (1) An individual is guilty of prostitution when the individual:
    • (a) engages, offers, or agrees to engage in any sexual activity with another individual for a fee, or the functional equivalent of a fee;
    • (b) takes steps in arranging a meeting through any form of advertising, agreeing to meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee or the functional equivalent of a fee; or
    • (c) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.
  • (2)
    • (a) Except as provided in Subsection (2)(b) or Section 76-10-1309, prostitution is a class B misdemeanor.
    • (b) Except as provided in Section 76-10-1309, an individual who is convicted a second time, and on all subsequent convictions, of a subsequent offense of prostitution under this section or under a local ordinance adopted in compliance with Section 76-10-1307, is guilty of a class A misdemeanor.
  • (3)
    • (a) As used in this Subsection (3):
      • (i) "Child" means the same as that term is defined in Section 76-10-1301.
      • (ii) "Child engaged in prostitution" means a child who engages in conduct described in Subsection (1).
      • (iii) "Child engaged in sexual solicitation" means a child who offers or agrees to commit or engage in any sexual activity with another person for a fee or the functional equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).
      • (iv) "Division" means the Division of Child and Family Services created in Section 62A-4a-103.
      • (v) "Receiving center" means the same as that term is defined in Section 62A-7-101.
    • (b) Upon encountering a child engaged in prostitution or sexual solicitation, a law enforcement officer shall:
      • (i) conduct an investigation;
      • (ii) refer the child to the division;
      • (iii) if an arrest is made, bring the child to a receiving center, if available; and
      • (iv) contact the child's parent or guardian, if practicable.
    • (c) When law enforcement has referred the child to the division under Subsection (3)(b)(ii):
      • (i) the division shall provide services to the child under Title 62A, Chapter 4a, Child and Family Services; and
      • (ii) the child may not be subjected to delinquency proceedings under Title 62A, Chapter 7, Juvenile Justice Services, and Section 78A-6-601 through Section 78A-6-704.


Amended by Chapter 433, 2017 General Session
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