Utah Code 76-10-1303. Patronizing a prostitute

76-10-1303. Patronizing a prostitute.

(1)

An actor is guilty of patronizing a prostitute if the actor:

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
class A misdemeanor	up to 364 days	up to $2,500

For details, see Utah Code § 76-3-204

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Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
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
Conviction: A judgement of guilt against a criminal defendant.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
Place of prostitution: means a place or business where prostitution or promotion of prostitution is arranged, regularly carried on, or attempted by one or more individuals under the control, management, or supervision of another. See Utah Code 76-10-1301
prostituted individual: means an individual engaged in an activity described in Subsection 76-10-1302(1) or 76-10-1313(1)(a), (c), (d), or (f). See Utah Code 76-10-1301

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 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)	pays or offers or agrees to pay a prostituted individual, or an individual the actor believes to be a prostituted individual, a fee, or the functional equivalent of a fee, for the purpose of engaging in an act of sexual activity; or

(b)	enters or remains in a place of prostitution for the purpose of engaging in sexual activity.

(2)	Patronizing a prostitute is a class A misdemeanor, except as provided in Subsection (3), (4), or (5) or Section 76-10-1309.

(3)	A violation of this section that is preceded by a conviction under this section or a conviction under a local ordinance adopted under Section 76-10-1307 is a class A misdemeanor.

(4)	A third violation of this section or a local ordinance adopted under Section 76-10-1307 is a third degree felony.

(5)

(a)	Except as provided in Subsection (5)(d), if the patronizing of a prostitute under Subsection (1)(a) involves a child as the other individual, a violation of Subsection (1)(a) is a second degree felony.

(b)	In accordance with Subsection 76-2-304.5(5)(a), it is not a defense to a prosecution under Subsection (5)(a) that the actor mistakenly believed the individual to be 18 years old or older at the time of the offense or was unaware of the individual’s true age.

(c)	An actor’s belief that the individual was under 18 years old at the time of the offense, even if the individual was 18 years old or older, is a violation of Subsection (5)(a).

(d)	If the act committed under Subsection (5)(a) amounts to an offense that is subject to a greater penalty under another provision of state law than is provided under Subsection (5)(a), this Subsection (5) does not prohibit prosecution and sentencing for the more serious offense.

(6)

Upon a conviction for a violation of this section, the court shall order:

(a)	the maximum fine amount and may not waive or suspend the fine; and

(b)	the defendant to pay for and complete a court-approved educational program about the negative effects on an individual involved with prostitution or human trafficking.

Amended by Chapter 124, 2022 General Session