Terms Used In Utah Code 76-10-1302

• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• Child: is a n individual younger than 18 years old. See Utah Code 76-10-1301
• Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Sexual activity: means , regardless of the gender of either participant:

  (a)	an act of masturbation, sexual intercourse, or any sexual act involving the genitals of one individual and the mouth or anus of another individual; or

  (b)

  the touching of the genitals, female breast, or anus of one individual with any other body part of another individual with the intent to sexually arouse or gratify either individual. See Utah Code 76-10-1301

  (2)

  (a)  Except as provided in Subsection (2)(b) and Section 76-10-1309, a violation of Subsection (1) is a class B misdemeanor. (b)  Except as provided in Section 76-10-1309, an actor 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 under Section 76-10-1307, is guilty of a class A misdemeanor.

  (3)

  A prosecutor may not prosecute an actor for a violation of Subsection (1) if the actor engages in a violation of Subsection (1) at or near the time the actor witnesses or is a victim of any of the following offenses, or an attempt to commit any of the following offenses, and the actor reports the offense or attempt to law enforcement in good faith: (a)  assault, Section 76-5-102; (b)  aggravated assault, Section 76-5-103; (c)  mayhem, Section 76-5-105; (d)  aggravated murder, murder, manslaughter, negligent homicide, child abuse homicide, or homicide by assault under 2; (e)  kidnapping, child kidnapping, aggravated kidnapping, human trafficking or aggravated human trafficking, human smuggling or aggravated human smuggling, or human trafficking of a child under 3; (f)  rape, Section 76-5-402; (g)  rape of a child, Section 76-5-402.1; (h)  object rape, Section 76-5-402.2; (i)  object rape of a child, Section 76-5-402.3; (j)  forcible sodomy, Section 76-5-403; (k)  sodomy on a child, Section 76-5-403.1; (l)  forcible sexual abuse, Section 76-5-404; (m)  sexual abuse of a child, Section 76-5-404.1, or aggravated sexual abuse of a child, Section 76-5-404.3; (n)  aggravated sexual assault, Section 76-5-405; (o)  sexual exploitation of a minor, Section 76-5b-201; (p)  aggravated sexual exploitation of a minor, Section 76-5b-201.1; (q)  sexual exploitation of a vulnerable adult, Section 76-5b-202; (r)  aggravated burglary or burglary of a dwelling under 2; (s)  aggravated robbery or robbery under 3; or (t)  theft by extortion under Section 76-6-406 under the circumstances described in Subsection 76-6-406(1)(a)(i) or (ii).

  Amended by Chapter 111, 2023 General Session