| (1) |
As used in this section:
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Terms Used In Utah Code 76-10-1315- Child: is a n individual younger than 18 years old. See Utah Code 76-10-1301
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- 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) |
“Child engaged in commercial sex” means a child who:
| (i) |
engages, offers, or agrees to engage in any sexual activity with another individual for a fee, or the functional equivalent of a fee; |
| (ii) |
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 |
| (iii) |
loiters in or within view of any public place for the purpose of being hired to engage in sexual activity. |
|
| (b) |
“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), (c), (d), or (f). |
| (c) |
“Division” means the Division of Child and Family Services created in Section 80-2-201. |
| (d) |
“Juvenile receiving center” means the same as that term is defined in Section 80-1-102. |
| (2) |
Upon encountering a child engaged in commercial sex or sexual solicitation, a law enforcement officer shall:
| (b) |
refer the child to the division; |
| (c) |
bring the child to a juvenile receiving center, if available; and |
| (d) |
contact the child’s parent or guardian, if practicable. |
|
| (4) |
A child may not be subjected to delinquency proceedings for prostitution under Section 76-10-1302, or sexual solicitation under Section 76-10-1313. |
Amended by Chapter 124, 2022 General Session
Amended by Chapter 181, 2022 General Session
Amended by Chapter 335, 2022 General Session
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