First Substitute H.B. 121

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Mar 3, 2011 at 10:19 AM by kcallred. -->

Representative Jennifer M. Seelig proposes the following substitute bill:

1 SEXUAL SOLICITATION AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jennifer M. Seelig
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding the offense of sexual solicitation.
10 Highlighted Provisions:
11 This bill:
12 . clarifies the acts that constitute sexual solicitation with the intent to engage in
13 prostitution.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 76-10-1313, as enacted by Laws of Utah 1993, Chapter 179
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-10-1313 is amended to read:
24 76-10-1313. Sexual solicitation -- Penalty.
25 (1) A person is guilty of sexual solicitation when the person:

26 (a) [he] offers or agrees to commit any sexual activity with another person for a fee;
27 [or]
28 (b) [he] pays or offers or agrees to pay a fee to another person to commit any sexual
29 activity [for a fee.]; or
30 (c) with intent to engage in sexual activity for a fee or to pay another person to commit
31 any sexual activity for a fee engages in, offers or agrees to engage in, or requests or directs
32 another to engage in any of the following acts:
33 (i) exposure of a person's genitals S. [ , the female breast below the top of the areola ] .S ,
33a the
34 buttocks, the anus, S. [ or ] .S the pubic area S. , or the female breast below the top of the areola .S ;
35 (ii) masturbation;
36 (iii) touching of a person's genitals, S. [ the female breast, ] .S the buttocks, the anus, S. [ or ] .S
36a the
37 pubic area S. , or the female breast .S ; or
38 (iv) any act of lewdness.
39 (2) An intent to engage in sexual activity for a fee may be inferred from a person's
40 engaging in, offering or agreeing to engage in, or requesting or directing another to engage in
41 any of the acts described in Subsection (1)(c) under the totality of the existing circumstances.
42 [(2)] (3) (a) Sexual solicitation is a class B misdemeanor[. However, any], except
43 under Subsection (3)(b).
44 (b) Any person who is convicted a second [time, and on all subsequent convictions,] or
45 subsequent time under this section or under a local ordinance adopted in compliance with
46 Section 76-10-1307 , is guilty of a class A misdemeanor, except as provided in Section
47 76-10-1309 .