Aggravated Exploitation of Prostitution
Utah Code Section: 76-10-1306

Elements
76-10-1306. Aggravated exploitation of prostitution.
(1)A person is guilty of aggravated exploitation if:
(a)in committing an act of exploiting prostitution, as defined in Section 76-10-1305, the person uses any force, threat, or fear against any person;
(b)the person procured, transported, or persuaded or with whom the person shares the proceeds of prostitution is a child or is the spouse of the actor; or
(c)in the course of committing exploitation of prostitution, a violation of Section 76-10-1305, the person commits human trafficking or human smuggling, a violation of Section 76-5-308.
(2)Aggravated exploitation of prostitution is a second degree felony, except under Subsection (3).
(3)Aggravated exploitation of prostitution involving a child is a first degree felony.
(4)Upon a conviction for a violation of this section, the court shall order the maximum fine amount and may not waive or suspend the fine.
Defenses
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The defenses to a charge of Sexual Abuse of a Minor are typically: (1) challenging whether the alleged contact occurred; (2) challenging the requisite intent, specifically, claiming that the contact was incidental or unintentional (like picking up a child or changing a diaper); (3) challenging whether the Defendant was in fact in a position of "special trust" with the alleged victim.
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The defense of these cases frequently require a jury to make a credibility determination between a child victim and an adult defendant. Cross examining a child is a very delicate matter and must be done carefully so as not to alienate the jury but still have a robust and effective cross examination. Such a cross examination requires an attorney with considerable skill and expertise.
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Sex Offender Registration
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DNA Specimen
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Jail/Prison time, fines & restitution
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Removal from Sex Offender Registry in 5 Years
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There is a possibility of removal from the sex offender registry within 5 years of the termination of the sentence (the end of probation) under the following conditions:
The offender was convicted of:
(1) Kidnapping, and the conviction is the only conviction for which the offender is required to register;
(2) Unlawful Detention, and the conviction is the only conviction for which the offender is required to register;
(3) Unlawful sexual activity with a minor and, at the time of the offense, was not more than 10 years older than the victim; or
(4) Unlawful sexual conduct with a 16 or 17 year old, and at the time of the offense, was not more than 15 years older than the victim;
Requirements:
(b)five years have passed since the completion of the offender's sentence;
(c)the offender has successfully completed all treatment ordered by the court;
(i)the offender has not been convicted of any other crime, excluding traffic offenses, as evidenced by a certificate of eligibility issued by the bureau;
(ii) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
(e)the offender has paid all restitution ordered by the court;
(f)the offender has complied with all the registration requirements at all times as required in this chapter, as evidenced by a document obtained by the offender from the Utah Department of Corrections, which confirms compliance; and
(g)the office that prosecuted the offender, and the victim, or if the victim is still a minor, the victim's parent, are notified and provided with an opportunity to respond in accordance with Subsection (3)(a).