ARTICLE XXXIX. - OFFENSES REGARDING PROSTITUTION

Sec. 14-1223. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Inmate means a person who engages in prostitution in or through the agency of a house of prostitution.

Place of prostitution means a place or business where prostitution or promotion of prostitution is arranged, regularly carried on or attempted by one or more individuals under the control, management, or supervision of another.

Public place means any place to which the public or any substantial group thereof has access.

Sexual activity means regardless of the gender of either participant: (1)

An act of masturbation, sexual intercourse or any sexual act involving the genitals of one individual and the mouth or anus of another person; or

(2)

The touching of the genitals, female breast, or anus of one individual with any other body part of another individual with the intent to sexually arouse or gratify either individual.

(Code 1981, § 13-1301)

State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1301.

Sec. 14-1224. - Prostitution.#

(a)

An actor, except for a child under U.C.A. 1953, § 76-10-1315 is guilty of prostitution if the actor:

(1)

Engages in any sexual activity with another person for a fee; or the functional equivalent of a fee.

(2)

Is an inmate of a house of prostitution; or

(3)

Loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.

(b)

Except as provided in U.C.A. 1953, § 76-10-1302(2)(b) and 76-10-1309, prostitution is a Class B misdemeanor.

(c)

A prosecutor may not prosecute an actor for a violation of subsection (a) of this section if the actor engages in a violation of subsection (a) of this section 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:

(1)

Assault, U.C.A. 1953, § 76-5-102;

(2)

Aggravated assault, U.C.A. 1953, § 76-5-103;

(3)

Mayhem, U.C.A. 1953, § 76-5-105;

(4)

Aggravated murder, murder, manslaughter, negligent homicide, child abuse homicide, or homicide by assault under U.C.A. 1953, tit. 76, ch. 5, pt. 2 (U.C.A. 1953, § 76-5-201 et seq.), Criminal Homicide;

(5)

Kidnapping, child kidnapping, aggravated kidnapping, human trafficking or aggravated human trafficking, human smuggling or aggravated human smuggling, or human trafficking of a child under U.C.A. 1953, tit. 76, ch. 5, pt. 3 (U.C.A. 1953, § 76-5-301 et seq.), Kidnapping, Trafficking, and Smuggling;

(6)

Rape, U.C.A. 1953, § 76-5-402;

(7)

Rape of a child, U.C.A. 1953, § 76-5-402.1;

(8)

Object rape, U.C.A. 1953, § 76-5-402.3;

(9)

Forcible sodomy, U.C.A. 1953, § 76-5-403;

(10)

Sodomy on a child, U.C.A. 1953, § 76-5-403.1;

(11)

Forcible sexual abuse, U.C.A. 1953, § 76-5-404;

(12)

Sexual abuse of a child, U.C.A. 1953, § 76-5-404.1, or aggravated sexual abuse of a child, U.C.A. 1953, § 76-5-404.3;

(13)

Aggravated sexual assault, U.C.A. 1953, § 76-5-405;

(14)

Sexual exploitation of a minor, U.C.A. 1953, § 76-5b-201;

(15)

Aggravated sexual exploitation of a minor, U.C.A. 1953, § 76-5b-201.1;

(16)

Sexual exploitation of a vulnerable adult, U.C.A. 1953, § 76-5b-202;

(17)

Aggravated burglary or burglary of a dwelling under U.C.A. 1953, tit. 76, ch. 6, pt. 2 (U.C.A. 1953 1953, § 76-6-201 et seq.), Burglary and Criminal Trespass;

(18)

Aggravated robbery or robbery under U.C.A. 1953, tit. 76, ch. 6, pt. 3 (U.C.A. 1953, § 76-6-301 et seq.), Robbery; or

(19)

Theft by extortion under U.C.A. 1953, § 76-6-406(2)(a) or (b).

(Code 1981, § 13-1302)

State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1302.

Sec. 14-1225. - Perversion.#

It shall be a Class B misdemeanor for any person to: (1)

Commit or offer or agree to commit a lewd act or an act of moral perversion.

(2)

Secure or offer another for the purpose of committing a lewd act or an act of moral perversion.

(3)

Be in or near any place frequented by the public, or any public place, for the purpose of inducing, enticing, or procuring another to commit a lewd act or an act of prostitution or moral perversion.

(4)

Make a meretricious display in or near any public place, any place frequented by the public, or any place open to the public view.

(5)

Knowingly transport any person to any place for the purpose of committing a lewd act or an act of moral perversion.

(6)

Knowingly receive, or offer or agree to receive any person into any place or building for the purpose of performing a lewd act, or an act of moral perversion, or to knowingly permit any person to remain in any place or building for any such purpose.

(7)

Direct or offer to direct any person to any place or building for the purpose of committing any lewd act or act of prostitution or moral perversion.

(8)

Aid, abet, allow, permit, or participate in the commission of any of the acts prohibited in subsections (1) through (7) of this section.

(Code 1981, § 13-1307)

State Law reference— Authority to adopt provisions prohibiting prostitution, lewdness, acts of perversion, etc., U.C.A. 1953, § 10-8-41.

Secs. 14-1226—14-1253. - Reserved.#