76-10-1313.  Sexual solicitation — Penalty.

(1)  An individual except for a child under Section 76-10-1315 is guilty of sexual solicitation if the individual:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-10-1313

  • Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
  • Child: is a n individual younger than 18 years old. See Utah Code 76-10-1301
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public place: means a place to which the public or any substantial group of the public has access. 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
    (a)  offers or agrees to commit any sexual activity with another individual for a fee, or the functional equivalent of a fee;

    (b)  pays or offers or agrees to pay a fee or the functional equivalent of a fee to another individual to commit any sexual activity;

    (c)  takes steps to arrange a meeting through any form of advertising or agreement to meet, and meets at an arranged place for the purpose of being hired to engage in sexual activity in exchange for a fee or the functional equivalent of a fee;

    (d)  loiters in or within view of a public place for the purpose of being hired to engage in sexual activity in exchange for a fee, or the functional equivalent of a fee;

    (e)  with intent to pay another individual to commit any sexual activity for a fee or the functional equivalent of a fee, requests or directs the other individual to engage in any of the following acts:

    (i)  exposure of an individual’s genitals, the buttocks, the anus, the pubic area, or the female breast below the top of the areola;

    (ii)  masturbation;

    (iii)  touching of an individual’s genitals, the buttocks, the anus, the pubic area, or the female breast; or

    (iv)  any act of lewdness; or

    (f)  with intent to engage in sexual activity for a fee, or the functional equivalent of a fee, engages in or offers or agrees to engage in an act described in Subsection (1)(e)(i) through (iv).

(2)  An intent to engage in sexual activity for a fee may be inferred from an individual’s engaging in, offering or agreeing to engage in, or requesting or directing another to engage in any of the acts described in Subsection (1) (e) or (f) under the totality of the existing circumstances.

(3)  Except as provided in Section 76-10-1309 and Subsections (4) and (5), a violation of Subsection (1)(a), (c), (d), or (f) or under a local ordinance adopted in compliance with Section 76-10-1307 is:

(a)  a class B misdemeanor on a first or second violation; and

(b)  a class A misdemeanor on a third or subsequent violation.

(4)  Except as provided in Section 76-10-1309 and Subsections (5) and (8), a violation of Subsection (1)(b) or (e) or a local ordinance adopted under Section 76-10-1307 is:

(a)  a class A misdemeanor on the first or second violation; and

(b)  a third degree felony on a third or subsequent violation.

(5)  If an individual commits an act of sexual solicitation in violation of Subsection (1) and the individual solicited is a child, the offense is a second degree felony if the solicitation does not amount to a violation of:

(a)  Section 76-5-308, 76-5-308.1, or 76-5-308.5, human trafficking or Section 76-5-308.3, human smuggling; or

(b)  Section 76-5-310, aggravated human trafficking or Section 76-5-310.1, aggravated human smuggling.

(6) 

(a)  Upon encountering a child engaged in commercial sex or sexual solicitation, a law enforcement officer shall follow the procedure described in Subsection 76-10-1315(2).

(b)  A child engaged in commercial sex or sexual solicitation shall be referred to the Division of Child and Family Services for services and may not be subjected to delinquency proceedings.

(7)  A prosecutor may not prosecute an individual for a violation of Subsection (1) if the individual engages in a violation of Subsection (1) at or near the time the individual witnesses or is a victim of any of the offenses or an attempt to commit any of the offenses described in Subsection 76-10-1302(3), and the individual reports the offense or attempt to law enforcement in good faith.

(8) 

(a)  As part of a sentence imposed under Subsection (3), the court may lower, waive, or suspend a fine if the defendant completes a court-approved program that provides information or services intended to help an individual no longer engage in prostitution.

(b)  As part of a sentence imposed under Subsection (4), the court shall order 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
Amended by Chapter 124, 2022 General Session, (Coordination Clause)
Amended by Chapter 181, 2022 General Session