Avvo - Rate your Lawyer. Get Free Legal Advice.

© 2023 by The Stone Law Firm.Proudly created with Wix.com

FOLLOW US:

  • w-facebook
  • Twitter Clean

Prostitution

Utah Code Section: 76-10-1302

Elements

 

76-10-1302.  Prostitution. 

(1)An individual is guilty of prostitution when the individual:

(a)engages, offers, or agrees to engage in any sexual activity with another individual for a fee, or the functional equivalent of a fee;

(b)takes steps in arranging a meeting through any form of advertising, agreeing to meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee or the functional equivalent of a fee; or

(c)loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.

(2)

(a)Except as provided in Subsection (2)(b) or Section 76-10-1309, prostitution is a class B misdemeanor.

(b)Except as provided in Section 76-10-1309, an individual 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 in compliance with Section 76-10-1307, is guilty of a class A misdemeanor.

(3)(a)As used in this Subsection (3):

(i)"Child" means the same as that term is defined in Section 76-10-1301.

(ii)"Child engaged in prostitution" means a child who engages in conduct described in Subsection (1).

(iii)"Child engaged in sexual solicitation" means a child who offers or agrees to commit or engage in any sexual activity with another person for a fee or the functional equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).

(iv)"Division" means the Division of Child and Family Services created in Section 62A-4a-103.

(v)"Receiving center" means the same as that term is defined in Section 62A-7-101.

(b)Upon encountering a child engaged in prostitution or sexual solicitation, a law enforcement officer shall:

(i)conduct an investigation;

(ii)refer the child to the division;

(iii)if an arrest is made, bring the child to a receiving center, if available; and

(iv)contact the child's parent or guardian, if practicable.

(c)When law enforcement has referred the child to the division under Subsection (3)(b)(ii):

(i)the division shall provide services to the child under Title 62A, Chapter 4a, Child and Family Services; and

(ii)the child may not be subjected to delinquency proceedings under Title 62A, Chapter 7, Juvenile Justice Services, and Section 78A-6-601through Section 78A-6-704.

 

 

Jail/Prison time, fines & restitution

 

Click for video

 

 

Prohibition of Firearms

Click for Video

 

 

Sex Offender Registration

 

 

Click for video

 

 

Defenses

Click for Video

 

 

DNA Specimen

Click for Video

 

 

 
Removal from Sex Offender Registry in 5 Years

Click for Video

 

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).