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Patronizing a Prostitute

Utah Code Section: 76-10-1303

Elements

76-10-1303.  Patronizing a prostitute. 

(1)An individual is guilty of patronizing a prostitute when the individual:

(a)pays or offers or agrees to pay a prostitute, or an individual the actor believes to be a prostitute, a fee, or the functional equivalent of a fee, for the purpose of engaging in an act of sexual activity; or

(b)enters or remains in a place of prostitution for the purpose of engaging in sexual activity.

(2)Patronizing a prostitute is a class A misdemeanor, except as provided in Subsection (3)(4), or (5) and Section 76-10-1309.

(3)A violation of this section that is preceded by a conviction under this section or a conviction under local ordinance adopted under Section 76-10-1307 is a class A misdemeanor.

(4)A third violation of this section or a local ordinance adopted under Section 76-10-1307 is a third degree felony.

(5)If the patronizing of a prostitute under Subsection (1)(a) involves a child as the other individual, a violation of Subsection (1)(a) is a third degree felony.

(6)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.

 

Jail/Prison time, fines & restitution

 

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Prohibition of Firearms

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Sex Offender Registration

There is no sex offender registration requirement for a conviction of patronizing a prostitute.

 

Defenses

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DNA Specimen

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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).