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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.

 

 

Defenses

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.

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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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).

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