Section 76-10-1315 - Safe harbor for children as victims in commercial sex or sexual solicitation(1) As used in this section:(a) "Child engaged in commercial sex" means a child who:(i) engages, offers, or agrees to engage in any sexual activity with another individual for a fee, or the functional equivalent of a fee;(ii) takes steps in arranging a meeting through any form of advertising, agreeing to meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee or the functional equivalent of a fee; or(iii) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.(b) "Child engaged in sexual solicitation" means a child who offers or agrees to commit or engage in any sexual activity with another person for a fee, or the functional equivalent of a fee, under Subsection 76-10-1313(1)(a), (c), (d), or (f).(c) "Division" means the Division of Child and Family Services created in Section 80-2-201.(d) "Juvenile receiving center" means the same as that term is defined in Section 80-1-102.(2) Upon encountering a child engaged in commercial sex or sexual solicitation, a law enforcement officer shall: (a) conduct an investigation regarding possible human trafficking of the child pursuant to Sections 76-5-308, 76-5-308.1, and 76-5-308.5;(b) refer the child to the division;(c) bring the child to a juvenile receiving center, if available; and(d) contact the child's parent or guardian, if practicable.(3) When law enforcement refers a child to the division under Subsection (2)(b) the division shall provide services to the child under Title 80, Chapter 2, Child Welfare Services, and Title 80, Chapter 2a, Removal and Protective Custody of a Child.(4) A child may not be subjected to delinquency proceedings for prostitution under Section 76-10-1302, or sexual solicitation under Section 76-10-1313.Amended by Chapter 335, 2022 General Session ,§ 55, eff. 9/1/2022.Amended by Chapter 181, 2022 General Session ,§ 124, eff. 5/4/2022.Amended by Chapter 124, 2022 General Session ,§ 5, eff. 5/4/2022.Amended by Chapter 262, 2021 General Session ,§ 85, eff. 9/1/2021.Added by Chapter 108, 2020 General Session ,§ 14, eff. 5/12/2020.