H.B. 121 Enrolled

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 Cosponsors:
7 Derek E. Brown
8 Rebecca Chavez-Houck
9 Susan Duckworth
10 Janice M. Fisher
11 Francis D. Gibson
12 Lynn N. HemingwayChristopher N. Herrod
Don L. Ipson
Ken Ivory
Brian S. King
David Litvack
Carol Spackman Moss
Jeremy A. PetersonMarie H. Poulson
Paul Ray
Christine F. Watkins
Mark A. Wheatley
Ryan D. Wilcox 13
14 LONG TITLE
15 General Description:
16 This bill modifies the Criminal Code regarding the offense of sexual solicitation.
17 Highlighted Provisions:
18 This bill:
19 . clarifies the acts that constitute sexual solicitation with the intent to engage in
20 prostitution.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 76-10-1313, as enacted by Laws of Utah 1993, Chapter 179
28

29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 76-10-1313 is amended to read:
31 76-10-1313. Sexual solicitation -- Penalty.
32 (1) A person is guilty of sexual solicitation when the person:
33 (a) [he] offers or agrees to commit any sexual activity with another person for a fee;
34 [or]
35 (b) [he] pays or offers or agrees to pay a fee to another person to commit any sexual
36 activity [for a fee.]; or
37 (c) with intent to engage in sexual activity for a fee or to pay another person to commit
38 any sexual activity for a fee engages in, offers or agrees to engage in, or requests or directs
39 another to engage in any of the following acts:
40 (i) exposure of a person's genitals, the buttocks, the anus, the pubic area, or the female
41 breast below the top of the areola;
42 (ii) masturbation;
43 (iii) touching of a person's genitals, the buttocks, the anus, the pubic area, or the female
44 breast; or
45 (iv) any act of lewdness.
46 (2) An intent to engage in sexual activity for a fee may be inferred from a person's
47 engaging in, offering or agreeing to engage in, or requesting or directing another to engage in
48 any of the acts described in Subsection (1)(c) under the totality of the existing circumstances.
49 [(2)] (3) (a) Sexual solicitation is a class B misdemeanor[. However, any], except
50 under Subsection (3)(b).
51 (b) Any person who is convicted a second [time, and on all subsequent convictions,] or
52 subsequent time under this section or under a local ordinance adopted in compliance with
53 Section 76-10-1307 , is guilty of a class A misdemeanor, except as provided in Section
54 76-10-1309 .