7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to prostitution and penalties relating to sexual
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ provides that an individual is guilty of patronizing a prostitute, aiding prostitution,
15 or exploiting prostitution if the individual believed the other individual to be a
17 ▸ modifies the penalty for sexual solicitation; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 76-10-1301, as last amended by Laws of Utah 2017, Chapter 433
26 76-10-1303, as last amended by Laws of Utah 2017, Chapter 433
27 76-10-1304, as last amended by Laws of Utah 2017, Chapter 433
28 76-10-1305, as last amended by Laws of Utah 2017, Chapter 433
29 76-10-1313, as last amended by Laws of Utah 2017, Chapter 433
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 76-10-1301 is amended to read:
33 76-10-1301. Definitions.
35 As used in this part:
36 (1) "Child" is [
37 (2) "Inmate" means [
38 the agency of a place of prostitution.
39 (3) "Place of prostitution" means a place or business where prostitution or promotion
40 of prostitution is arranged, regularly carried on, or attempted by one or more [
41 individuals under the control, management, or supervision of another.
42 (4) "Prostitute" means an individual engaged in the activities described in Subsection
45 the public has access.
47 (a) acts of masturbation, sexual intercourse, or any sexual act involving the genitals of
48 one [
49 (b) touching the genitals, female breast, or anus of one [
50 other body part of another [
51 either [
52 Section 2. Section 76-10-1303 is amended to read:
53 76-10-1303. Patronizing a prostitute.
54 (1) [
56 (a) pays or offers or agrees to pay [
57 the actor believes to be a prostitute, a fee, or the functional equivalent of a fee, for the purpose
58 of engaging in an act of sexual activity; or
59 (b) enters or remains in a place of prostitution for the purpose of engaging in sexual
61 (2) Patronizing a prostitute is a class A misdemeanor, except as provided in Subsection
62 (3), (4), or (5) and Section 76-10-1309.
63 (3) A violation of this section that is preceded by a conviction under this section or a
64 conviction under local ordinance adopted under Section 76-10-1307 is a class A misdemeanor.
65 (4) A third violation of this section or a local ordinance adopted under Section
66 76-10-1307 is a third degree felony.
67 (5) If the patronizing of a prostitute under Subsection (1)(a) involves a child as the
68 other [
69 (6) Upon a conviction for a violation of this section, the court shall order the maximum
70 fine amount and may not waive or suspend the fine.
71 Section 3. Section 76-10-1304 is amended to read:
72 76-10-1304. Aiding prostitution.
73 (1) [
74 (a) (i) solicits [
75 individual the actor believes to be a prostitute;
76 (ii) procures or attempts to procure a prostitute, or an individual the actor believes to
77 be a prostitute, for a patron; [
78 (iii) leases, operates, or otherwise permits a place controlled by the actor, alone or in
79 association with another, to be used for prostitution or the promotion of prostitution; or
80 (iv) provides any service or commits any act that enables another [
81 commit a violation of this Subsection (1)(a) or facilitates another [
82 to commit any violation of this Subsection (1)(a); or
83 (b) solicits, receives, or agrees to receive any benefit for committing any of the acts
84 prohibited by Subsection (1)(a).
85 (2) Aiding prostitution is a class A misdemeanor[
86 provided in Subsection (3).
87 (3) An individual who is convicted a second time, and on all subsequent convictions,
88 under this section or under a local ordinance adopted in compliance with Section 76-10-1307 is
89 guilty of a third degree felony.
91 maximum fine amount and may not waive or suspend the fine.
92 Section 4. Section 76-10-1305 is amended to read:
93 76-10-1305. Exploiting prostitution.
94 (1) [
96 (a) procures [
97 (b) encourages, induces, or otherwise purposely causes another to become or remain a
99 (c) transports [
100 promote that [
101 transportation with that purpose;
102 (d) not being a child or legal dependent of a prostitute, shares the proceeds of
103 prostitution with a prostitute, or an individual the actor believes to be a prostitute, pursuant to
104 their understanding that [
105 (e) owns, controls, manages, supervises, or otherwise keeps, alone or in association
106 with another, a place of prostitution or a business where prostitution occurs or is arranged,
107 encouraged, supported, or promoted.
108 (2) Exploiting prostitution is a felony of the third degree.
109 (3) Upon a conviction for a violation of this section, the court shall order the maximum
110 fine amount and may not waive or suspend the fine.
111 Section 5. Section 76-10-1313 is amended to read:
112 76-10-1313. Sexual solicitation -- Penalty.
113 (1) [
115 (a) offers or agrees to commit any sexual activity with another [
116 fee, or the functional equivalent of a fee;
117 (b) pays or offers or agrees to pay a fee or the functional equivalent of a fee to another
119 (c) with intent to engage in sexual activity for a fee or the functional equivalent of a fee
120 or to pay another [
121 equivalent of a fee engages in, offers or agrees to engage in, or requests or directs another to
122 engage in any of the following acts:
123 (i) exposure of [
124 area, or the female breast below the top of the areola;
125 (ii) masturbation;
126 (iii) touching of [
127 area, or the female breast; or
128 (iv) any act of lewdness.
129 (2) An intent to engage in sexual activity for a fee may be inferred from [
130 individual's engaging in, offering or agreeing to engage in, or requesting or directing another to
131 engage in any of the acts described in Subsection (1)(c) under the totality of the existing
133 (3) (a) Sexual solicitation is a class [
135 (b) [
136 this section or under a local ordinance adopted in compliance with Section 76-10-1307[
137 guilty of a class A misdemeanor, except as provided in Section 76-10-1309.
138 (4) An individual who is convicted a third time under this section or a local ordinance
139 adopted in compliance with Section 76-10-1307 is guilty of a third degree felony.
141 (5) If an individual commits an act of sexual solicitation and the [
142 solicited is a child, the offense is a third degree felony if the solicitation does not amount to
143 human trafficking or human smuggling, a violation of Section 76-5-308, or aggravated human
144 trafficking or aggravated human smuggling, a violation of Section 76-5-310.
Legislative Review Note
Office of Legislative Research and General Counsel