H.B. 123

1

RESTRICTIONS OF ADVERTISING ILLEGAL
2 ACTIVITIES
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Scott L Wyatt
6
7 LONG TITLE
8 General Description:
9 This bill amends the Criminal Code regarding gambling and prostitution to provide that
10 advertising within this state that is directed at Utah residents and that promotes
11 gambling or prostitution is unlawful.
12 Highlighted Provisions:
13 This bill:
14 . amends the criminal offense of gambling promotion to prohibit advertising directed
15 at Utah residents as a means of encouraging others to engage in gambling;
16 . amends the criminal offense of soliciting prostitution to prohibit advertising
17 regarding prostitution when directed at Utah residents; and
18 . increases the penalty for a second or subsequent conviction for aiding prostitution
19 from a class A misdemeanor to a third degree felony.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 76-10-1104, as last amended by Chapter 241, Laws of Utah 1991
27 76-10-1304, as last amended by Chapter 107, Laws of Utah 1991

28 76-10-1308, as enacted by Chapter 107, Laws of Utah 1991
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 76-10-1104 is amended to read:
32 76-10-1104. Gambling promotion.
33 (1) A person is guilty of gambling promotion if he derives or intends to derive an
34 economic benefit other than personal winnings from gambling and:
35 (a) he induces or aids another to engage in gambling, including by means of advertising
36 directed to residents of Utah; or
37 (b) he knowingly invests in, finances, owns, controls, supervises, manages, or
38 participates in any gambling.
39 (2) Gambling promotion is a class B misdemeanor[, provided, however] except that
40 any person who is [twice] convicted a second or subsequent time under this section [shall be] is
41 guilty of a third degree felony [of the third degree].
42 Section 2. Section 76-10-1304 is amended to read:
43 76-10-1304. Aiding prostitution.
44 (1) A person is guilty of aiding prostitution if he:
45 (a) solicits a person to patronize a prostitute, including by means of advertising
46 directed to residents of Utah;
47 (b) procures or attempts to procure a prostitute for a patron;
48 (c) leases or otherwise permits a place controlled by the actor, alone or in association
49 with another, to be used for prostitution or the promotion of prostitution; or
50 (d) solicits, receives, or agrees to receive any benefit for doing any of the acts
51 prohibited by this Subsection (1).
52 (2) Aiding prostitution is a class B misdemeanor[. However,] except that a person who
53 is convicted a second or subsequent time[, and on all subsequent convictions,] under this
54 section or under a local ordinance adopted in compliance with Section 76-10-1307 is guilty of a
55 [class A misdemeanor] third degree felony.
56 Section 3. Section 76-10-1308 is amended to read:
57 76-10-1308. Prosecution.
58 [The following class A misdemeanors] Class A misdemeanor violations of Section

59 76-10-1302 may be prosecuted by attorneys of cities and towns, as well as by prosecutors
60 authorized elsewhere in this code to prosecute these alleged violations[:].
61 [(1) class A misdemeanor violations of Section 76-10-1302 ; and]
62 [(2) class A misdemeanor violations of Section 76-10-1304 .]




Legislative Review Note
as of 2-2-05 9:45 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel