Section 76-10-1303 - Patronizing a prostitute(1) An actor is guilty of patronizing a prostitute if the actor: (a) pays or offers or agrees to pay a prostituted individual, or an individual the actor believes to be a prostituted individual, 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) or Section 76-10-1309.(3) A violation of this section that is preceded by a conviction under this section or a conviction under a 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)(a) Except as provided in Subsection (5)(d), 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 second degree felony.(b) In accordance with Section 76-2-304.5, it is not a defense to a prosecution under Subsection (5)(a) that the actor mistakenly believed the individual to be 18 years old or older at the time of the offense or was unaware of the individual's true age.(c) An actor's belief that the individual was under 18 years old at the time of the offense, even if the individual was 18 years old or older, is a violation of Subsection (5)(a).(d) If the act committed under Subsection (5)(a) amounts to an offense that is subject to a greater penalty under another provision of state law than is provided under Subsection (5)(a), this Subsection (5) does not prohibit prosecution and sentencing for the more serious offense.(6) Upon a conviction for a violation of this section, the court shall order: (a) the maximum fine amount and may not waive or suspend the fine; and(b) the defendant to pay for and complete a court-approved educational program about the negative effects on an individual involved with prostitution or human trafficking.Amended by Chapter 140, 2024 General Session ,§ 4, eff. 5/1/2024.Amended by Chapter 124, 2022 General Session ,§ 3, eff. 5/4/2022.Amended by Chapter 308, 2018 General Session ,§ 2, eff. 5/8/2018.Amended by Chapter 433, 2017 General Session ,§ 3, eff. 5/9/2017.Amended by Chapter 363, 2015 General Session ,§ 2, eff. 5/12/2015.Amended by Chapter 196, 2013 General Session ,§ 12, eff. 5/14/2013.Amended by Chapter 30, 2013 General Session ,§ 1, eff. 5/14/2013.Amended by Chapter 179, 1993 General Session