Section 76-10-1313 - Sexual solicitation - Penalty(1) An individual except for a child under Section 76-10-1315 is guilty of sexual solicitation if the individual:(a) offers or agrees to commit any sexual activity with another individual for a fee, or the functional equivalent of a fee;(b) pays or offers or agrees to pay a fee or the functional equivalent of a fee to another individual to commit any sexual activity;(c) takes steps to arrange a meeting through any form of advertising or agreement to meet, and meets at an arranged place for the purpose of being hired to engage in sexual activity in exchange for a fee or the functional equivalent of a fee;(d) loiters in or within view of a public place for the purpose of being hired to engage in sexual activity in exchange for a fee, or the functional equivalent of a fee;(e) with intent to pay another individual to commit any sexual activity for a fee or the functional equivalent of a fee, requests or directs the other individual to engage in any of the following acts:(i) exposure of an individual's genitals, the buttocks, the anus, the pubic area, or the female breast below the top of the areola;(iii) touching of an individual's genitals, the buttocks, the anus, the pubic area, or the female breast; or(iv) any act of lewdness; or(f) with intent to engage in sexual activity for a fee, or the functional equivalent of a fee, engages in or offers or agrees to engage in an act described in Subsection (1)(e)(i) through (iv).(2) An intent to engage in sexual activity for a fee may be inferred from an individual's engaging in, offering or agreeing to engage in, or requesting or directing another to engage in any of the acts described in Subsection (1) (e) or (f) under the totality of the existing circumstances.(3) Except as provided in Section 76-10-1309 and Subsections (4) and (5), a violation of Subsection (1)(a), (c), (d), or (f) or under a local ordinance adopted in compliance with Section 76-10-1307 is: (a) a class B misdemeanor on a first or second violation; and(b) a class A misdemeanor on a third or subsequent violation.(4) Except as provided in Section 76-10-1309 and Subsections (5) and (8), a violation of Subsection (1)(b) or (e) or a local ordinance adopted under Section 76-10-1307 is: (a) a class A misdemeanor on the first or second violation; and(b) a third degree felony on a third or subsequent violation.(5) If an individual commits an act of sexual solicitation in violation of Subsection (1) and the individual solicited is a child, the offense is a second degree felony if the solicitation does not amount to a violation of: (a) Section 76-5-308, 76-5-308.1, or 76-5-308.5, human trafficking or Section 76-5-308.3, human smuggling; or(b) Section 76-5-310, aggravated human trafficking or Section 76-5-310.1, aggravated human smuggling.(6)(a) Upon encountering a child engaged in commercial sex or sexual solicitation, a law enforcement officer shall follow the procedure described in Subsection 76-10-1315(2).(b) A child engaged in commercial sex or sexual solicitation shall be referred to the Division of Child and Family Services for services and may not be subjected to delinquency proceedings.(7) A prosecutor may not prosecute an individual for a violation of Subsection (1) if the individual engages in a violation of Subsection (1) at or near the time the individual witnesses or is a victim of any of the offenses or an attempt to commit any of the offenses described in Subsection 76-10-1302(3), and the individual reports the offense or attempt to law enforcement in good faith.(8)(a) As part of a sentence imposed under Subsection (3), the court may lower, waive, or suspend a fine if the defendant completes a court-approved program that provides information or services intended to help an individual no longer engage in prostitution.(b) As part of a sentence imposed under Subsection (4), the court shall order 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 181, 2022 General Session ,§ 123, eff. 5/4/2022.Amended by Chapter 124, 2022 General Session ,§ 6, eff. 5/4/2022, coordination clause.Amended by Chapter 124, 2022 General Session ,§ 4, eff. 5/4/2022.Amended by Chapter 108, 2020 General Session ,§ 13, eff. 5/12/2020.Amended by Chapter 200, 2019 General Session ,§ 3, eff. 5/14/2019.Amended by Chapter 189, 2019 General Session ,§ 17, eff. 5/14/2019.Amended by Chapter 308, 2018 General Session ,§ 5, eff. 5/8/2018.Amended by Chapter 433, 2017 General Session ,§ 7, eff. 5/9/2017.Amended by Chapter 363, 2015 General Session ,§ 3, eff. 5/12/2015.Amended by Chapter 196, 2013 General Session ,§ 14, eff. 5/14/2013.Amended by Chapter 32, 2011, 2011 General Session