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Current as of May 05, 2022 | Updated by FindLaw Staff
(1) An actor, except for a child under Section 76-10-1315, is guilty of prostitution if the actor engages in sexual activity with another individual for a fee, or the functional equivalent of a fee.
(2)(a) Except as provided in Subsection (2)(b) and Section 76-10-1309, a violation of Subsection (1) is a class B misdemeanor.
(b) Except as provided in Section 76-10-1309, an actor who is convicted a second time, and on all subsequent convictions, of a subsequent offense of prostitution under this section or under a local ordinance adopted under Section 76-10-1307, is guilty of a class A misdemeanor.
(3) A prosecutor may not prosecute an actor for a violation of Subsection (1) if the actor engages in a violation of Subsection (1) at or near the time the actor witnesses or is a victim of any of the following offenses, or an attempt to commit any of the following offenses, and the actor reports the offense or attempt to law enforcement in good faith:
(a) assault, Section 76-5-102;
(b) aggravated assault, Section 76-5-103;
(c) mayhem, Section 76-5-105;
(d) aggravated murder, murder, manslaughter, negligent homicide, child abuse homicide, or homicide by assault under Chapter 5, Part 2, Criminal Homicide;
(e) kidnapping, child kidnapping, aggravated kidnapping, human trafficking or aggravated human trafficking, human smuggling or aggravated human smuggling, or human trafficking of a child under Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
(f) rape, Section 76-5-402;
(g) rape of a child, Section 76-5-402.1;
(h) object rape, Section 76-5-402.2;
(i) object rape of a child, Section 76-5-402.3;
(j) forcible sodomy, Section 76-5-403;
(k) sodomy on a child, Section 76-5-403.1;
(l) forcible sexual abuse, Section 76-5-404;
(m) sexual abuse of a child, Section 76-5-404.1, or aggravated sexual abuse of a child, Section 76-5-404.3;
(n) aggravated sexual assault, Section 76-5-405;
(o) sexual exploitation of a minor, Section 76-5b-201;
(p) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
(q) sexual exploitation of a vulnerable adult, Section 76-5b-202;
(r) aggravated burglary or burglary of a dwelling under Chapter 6, Part 2, Burglary and Criminal Trespass;
(s) aggravated robbery or robbery under Chapter 6, Part 3, Robbery; or
(t) theft by extortion under Section 76-6-406 under the circumstances described in Subsection 76-6-406(1)(a)(i) or (ii).
Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-10-1302. Prostitution - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-10-1302/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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