Section 76-10-1302 - Prostitution(1) An actor, except for a child under Section 76-10-1315, is guilty of prostitution if the actor engages in sexual activity with another individual for a fee, or the functional equivalent of a fee.(2)(a) Except as provided in Subsection (2)(b) and Section 76-10-1309, a violation of Subsection (1) is a class B misdemeanor.(b) Except as provided in Section 76-10-1309, an actor 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 under Section 76-10-1307, is guilty of a class A misdemeanor.(3) A prosecutor may not prosecute an actor for a violation of Subsection (1) if the actor engages in a violation of Subsection (1) 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: (a) assault, Section 76-5-102;(b) aggravated assault, Section 76-5-103;(c) mayhem, Section 76-5-105;(d) aggravated murder, murder, manslaughter, negligent homicide, child abuse homicide, or homicide by assault under Chapter 5, Part 2, Criminal Homicide;(e) kidnapping, child kidnapping, aggravated kidnapping, human trafficking or aggravated human trafficking, human smuggling or aggravated human smuggling, or human trafficking of a child under Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;(f) rape, Section 76-5-402;(g) rape of a child, Section 76-5-402.1;(h) object rape, Section 76-5-402.2;(i) object rape of a child, Section 76-5-402.3;(j) forcible sodomy, Section 76-5-403;(k) sodomy on a child, Section 76-5-403.1;(l) forcible sexual abuse, Section 76-5-404;(m) sexual abuse of a child, Section 76-5-404.1, or aggravated sexual abuse of a child, Section 76-5-404.3;(n) aggravated sexual assault, Section 76-5-405;(o) sexual exploitation of a minor, Section 76-5b-201;(p) aggravated sexual exploitation of a minor, Section 76-5b-201.1;(q) sexual exploitation of a vulnerable adult, Section 76-5b-202;(r) aggravated burglary or burglary of a dwelling under Chapter 6, Part 2, Burglary and Criminal Trespass;(s) aggravated robbery or robbery under Chapter 6, Part 3, Robbery; or(t) theft by extortion under Section 76-6-406 under the circumstances described in Subsection 76-6-406(1)(a)(i) or (ii).Amended by Chapter 111, 2023 General Session ,§ 144, eff. 5/3/2023.Amended by Chapter 185, 2022 General Session ,§ 14, eff. 5/4/2022.Amended by Chapter 181, 2022 General Session ,§ 121, eff. 5/4/2022.Amended by Chapter 124, 2022 General Session ,§ 2, eff. 5/4/2022.Amended by Chapter 214, 2020 General Session ,§ 68, eff. 5/12/2020, coordinating clause.Amended by Chapter 108, 2020 General Session ,§ 12, eff. 5/12/2020.Amended by Chapter 200, 2019 General Session ,§ 2, eff. 5/14/2019.Amended by Chapter 26, 2019 General Session ,§ 5, eff. 5/14/2019.Amended by Chapter 189, 2019 General Session ,§ 16, eff. 5/14/2019.Amended by Chapter 433, 2017 General Session ,§ 2, eff. 5/9/2017.Amended by Chapter 109, 2016 General Session ,§ 1, eff. 5/10/2016.Amended by Chapter 363, 2015 General Session ,§ 1, eff. 5/12/2015.Amended by Chapter 140, 2014 General Session ,§ 2, eff. 5/13/2014.Amended by Chapter 179, 1993 General Session