reglab/statecodes huggingface dataset:
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1215 - Prosecution by county, district, or city attorney -- Fines payable to county or city.

76-10-1215.
Prosecution by county, district, or city attorney -- Fines payable to county or city.
Prosecution for violation of any section of this part, including a felony violation, shall be brought by the county attorney or, if within a prosecution district, the district attorney of the county where the violation occurs. If the violation occurs, however, in a city of the first or second class, prosecution may be brought by either the county, district, or city attorney, notwithstanding any provision of law limiting the powers of city attorneys. All fines imposed for the violation of this part shall be paid to the county or city of the prosecuting attorney, as the case may be.
Amended by Chapter 38, 1993 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1216 - Distribution of motion picture films -- Definitions.

76-10-1216.
Distribution of motion picture films -- Definitions.
As used in this act:
(1) "Exhibit" means to show in a public place or in a place where the public is admitted, whether or not an admission fee is charged.
(2) "Distributor" means any person from which a film is acquired by sale, lease, loan, or any other means, directly or indirectly, for the purpose of exhibiting it in this state or elsewhere but shall not include any person whose function with respect to any film is limited to the transportation or storage thereof.
(3) "Film" means what is usually known as a motion picture film and which is intended to be shown commercially for profit by devices of any kind whatsoever.
(4) "Person" includes a natural person, firm, association, partnership, or corporation.
(5) "Public place" includes any place to which admission is gained by payment of a membership or admission fee, however designated, notwithstanding it is designated as a private club or by words of like import.
Enacted by Chapter 92, 1977 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1217 - Intent to prevent commercial distribution and exhibition of pornographic films--Local regulation and other laws not limited.

76-10-1217.
Intent to prevent commercial distribution and exhibition of pornographic films--Local regulation and other laws not limited.
(1) It is the intent of this act to prevent the commercial distribution and exhibition of films in this state which are pornographic. There is substantial evidence that elements of organized crime have engaged to an increasing degree in the production and distribution of such films and, therefore, it is the further intent of this act to facilitate the criminal prosecution of distributors of pornographic films.
(2) It is not the intent of this act to limit the regulation of films by counties, cities, towns, and other political subdivisions within the state, and these subdivisions are specifically given the right by this act to further regulate films. Nor is it the intent of this act to limit or abridge the power to otherwise prosecute violations of any other provisions of law including, but not limited to, those provisions of Title 76, Chapter 10, Part 12, Pornographic and Harmful Materials and Performances.
Enacted by Chapter 93, 1977 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1218 - Qualification for exhibition and distribution of films required.

76-10-1218.
Qualification for exhibition and distribution of films required.
No person shall distribute any film for exhibition in this state unless that person is first qualified to do so nor exhibit any film in this state which was not acquired for exhibition, directly or indirectly, from a distributor qualified to distribute films in this state.
Enacted by Chapter 93, 1977 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1219 - Qualification for distribution of films.

76-10-1219.
Qualification for distribution of films.
(1) A distributor which is a corporation shall be qualified to distribute films within this state if:
(a) it is a domestic corporation in good standing or a foreign corporation authorized to transact business in this state; and
(b) it submits itself to the jurisdiction and laws of this state relating to being a distributor in this state.
(2) A distributor which is not a corporation shall be qualified to distribute films within this state if:
(a) it has and continuously maintains a registered office in this state; and
(b) it has a registered agent whose business address is at that registered office and which is either an individual residing and domiciled in this state, a domestic corporation in good standing, or a foreign corporation authorized to transact business in this state.
(3) This section shall not affect the right to serve any process, notice, or demand, required or permitted by law to be served upon a distributor, in any other manner provided by law.
Amended by Chapter 43, 2010 General Session
Amended by Chapter 324, 2010 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1220 - Change of registered office or agent by film distributor.

76-10-1220.
Change of registered office or agent by film distributor.
A distributor qualified to distribute films in this state may change its registered office or registered agent in accordance with Title 16, Chapter 17, Model Registered Agents Act.
Amended by Chapter 43, 2010 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1221 - Service of process, notice, or demand on registered agent of film distributor.

76-10-1221.
Service of process, notice, or demand on registered agent of film distributor.
Any process, notice, or demand required or permitted by law to be served upon the distributor may be served upon the registered agent of that distributor.
Amended by Chapter 43, 2010 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1222 - Distribution of pornographic film -- Penalties for violations.

76-10-1222.
Distribution of pornographic film -- Penalties for violations.
(1) Any person who knowingly or by criminal negligence distributes for exhibition within this state a film which is pornographic as that term is defined in the Utah criminal code shall be guilty of a class A misdemeanor and shall, for each separate offense, be fined not less than $1,000 and imprisoned, without suspension of sentence in any way, for a term of not less than 60 days.
(2) Any person convicted of a violation of this section who has been convicted before of a violation of this section, shall be guilty of a felony of the third degree and shall, for each separate offense, be fined not less than $5,000 and imprisoned, without suspension of sentence in any way, for a term of not less than six months.
(3) Each copy of a pornographic film distributed for exhibition within this state in violation of this section shall constitute a separate offense.
Enacted by Chapter 93, 1977 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1223 - Distribution of film without being qualified -- Exhibition of film not acquired from qualified distributor -- Penalties for violations.

76-10-1223.
Distribution of film without being qualified -- Exhibition of film not acquired from qualified distributor -- Penalties for violations.
(1) Any person who knowingly distributes any film for exhibition within this state without being qualified to do so, or who knowingly exhibits a film in this state which has not been acquired from a distributor qualified to distribute films in this state is guilty of a class B misdemeanor and shall, for each separate offense, be fined not less than $299 and imprisoned, without suspension of sentence in any way, for a term of not less than 30 days.
(2) Any person convicted of a violation of this section, who has been convicted before of a violation of this section, shall be guilty of a class A misdemeanor and shall, for each separate offense, be fined not less than $1,000 and imprisoned, without suspension of sentence in any way, for a term of not less than 60 days.
(3) Each day's exhibition of such a film, and each copy of a film distributed for exhibition within this state, shall constitute a separate offense.
Enacted by Chapter 93, 1977 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1224 - Defense to prosecution for distribution or exhibition of pornographic film -- Status as projectionist or other employee no defense.

76-10-1224.
Defense to prosecution for distribution or exhibition of pornographic film -- Status as projectionist or other employee no defense.
(1) It shall be an affirmative defense to any prosecution under Section 76-10-1222 or 76-10-1223 that the distribution is exempt from the restrictions of this act by the provisions of Section 76-10-1226.
(2) It shall not constitute a defense to any prosecution under Section 76-10-1222 or 76-10-1223 that the actor was a motion picture projectionist or was otherwise required by his employment to commit the violation complained of.
Enacted by Chapter 93, 1977 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1225 - Prosecution of pornographic film violations by county attorney, district attorney, or city attorney.

76-10-1225.
Prosecution of pornographic film violations by county attorney, district attorney, or city attorney.
The county attorney of the county where the violation occurred or within a prosecution district where the violation occurred, the district attorney shall file and prosecute any action for violations of this act unless the violation occurs in a city of the first or second class. If the violation occurs in such a city, the action may be commenced and prosecuted by either the city attorney or the county attorney. All fines imposed for any violation of this act shall be paid to the political subdivision employing the prosecuting attorney.
Amended by Chapter 38, 1993 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1226 - Exemptions from application of film distribution act.

76-10-1226.
Exemptions from application of film distribution act.
This part does not apply to any film:
(1) distributed to or exhibited by any accredited university, college, school, library, or other educational institution, church, or museum, if there is scientific, religious, or educational justification for the exhibition of the film; or
(2) exhibited by the Department of Corrections or exhibited as part of any treatment program operated by or under contract with the department if the exhibition of the film is solely for the assessment or treatment of an offender as defined under Section 64-13-1.
Amended by Chapter 138, 1990 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1227 - Indecent public displays -- Definitions.

76-10-1227.
Indecent public displays -- Definitions.
(1) For purposes of this section and Section 76-10-1228:
(a) "Description or depiction of illicit sex or sexual immorality" means:
(i) human genitals in a state of sexual stimulation or arousal;
(ii) acts of human masturbation, sexual intercourse, or sodomy;
(iii) fondling or other erotic touching of human genitals or pubic region; or
(iv) fondling or other erotic touching of the human buttock or female breast.
(b) "Nude or partially denuded figure" means:
(i) less than completely and opaquely covering human:
(A) genitals;
(B) pubic regions;
(C) buttock; and
(D) female breast below a point immediately above the top of the areola; and
(ii) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(2)
(a) Subject to Subsection (2)(c), this section and Section 76-10-1228 do not apply to any material which, when taken as a whole, has serious value for minors.
(b) As used in Subsection (2)(a), "serious value" means having serious literary, artistic, political, or scientific value for minors, taking into consideration the ages of all minors who could be exposed to the material.
(c) A description or depiction of illicit sex or sexual immorality as defined in Subsection (1)(a)(i), (ii), or (iii) has no serious value for minors.
Amended by Chapter 123, 2007 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1228 - Indecent public displays -- Prohibitions -- Penalty.

Effective 7/1/2021
76-10-1228.
Indecent public displays -- Prohibitions -- Penalty.
(1) Subject to the affirmative defense in Subsection 76-10-1208(3), a person is guilty of a class A misdemeanor who willfully or knowingly:
(a) engages in the business of selling, lending, giving away, showing, advertising for sale, or distributing to a minor or has in the person's possession with intent to engage in that business or to otherwise offer for sale or commercial distribution to a minor any material with:
(i) a description or depiction of illicit sex or sexual immorality; or
(ii) a nude or partially denuded figure; or
(b) publicly displays at newsstands or any other establishment frequented by minors, or where the minors are or may be invited as a part of the general public, any motion picture, or any live, taped, or recorded performance, or any still picture or photograph, or any book, pocket book, pamphlet, or magazine the cover or content of which:
(i) exploits, is devoted to, or is principally made up of one or more descriptions or depictions of illicit sex or sexual immorality; or
(ii) consists of one or more pictures of nude or partially denuded figures.
(2)
(a) A violation of this section is punishable by:
(i) a minimum mandatory fine of not less than $500; and
(ii) incarceration, without suspension of sentence in any way, for a term of not less than 30 days.
(b) This section supersedes Section 77-18-105.
Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1229.5 - Breast feeding is not violation of this part.

76-10-1229.5.
Breast feeding is not violation of this part.
A woman's breast feeding, including breast feeding in any location where the woman otherwise may rightfully be, does not under any circumstance constitute a violation of this part, irrespective of whether or not the breast is covered during or incidental to feeding.
Enacted by Chapter 131, 1995 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1230 - Definitions.

Effective 5/8/2018
76-10-1230.
Definitions.
As used in Sections 76-10-1231 and 76-10-1233:
(1) "Consumer" means an individual residing in this state who subscribes to a service provided by a service provider for personal or residential use.
(2) "Content provider" means a person domiciled in Utah or that generates or hosts content in Utah, and that creates, collects, acquires, or organizes electronic data for electronic delivery to a consumer with the intent of making a profit.
(3)
(a) "Hosting company" means a person that provides services or facilities for storing or distributing content over the Internet without editorial or creative alteration of the content.
(b) A hosting company may have policies concerning acceptable use without becoming a content provider under Subsection (2).
(4) "Internet service provider" means a person engaged in the business of providing broadband Internet access service, with the intent of making a profit, to consumers in Utah.
(5) "Properly rated" means content using a labeling system to label material harmful to minors provided by the content provider in a way that:
(a) accurately apprises a consumer of the presence of material harmful to minors; and
(b) allows the consumer the ability to control access to material harmful to minors based on the material's rating by use of reasonably priced commercially available software, including software in the public domain.
(6) "Restrict" means to limit access to material harmful to minors by:
(a) properly rating content; or
(b) any other reasonable measures feasible under available technology.
(7)
(a) Except as provided in Subsection (7)(b), "service provider" means an Internet service provider.
(b) "Service provider" does not include a person who does not terminate a service in this state, but merely transmits data through:
(i) a wire;
(ii) a cable; or
(iii) an antenna.
(c) "Service provider," notwithstanding Subsection (7)(b), includes a person who meets the requirements of Subsection (7)(a) and leases or rents a wire or cable for the transmission of data.
Amended by Chapter 164, 2018 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1231 - Data service providers -- Internet content harmful to minors.

Effective 5/14/2019
76-10-1231.
Data service providers -- Internet content harmful to minors.
(1)
(a) Upon request by a consumer, a service provider shall filter content to prevent the transmission of material harmful to minors to the consumer.
(b) A service provider complies with Subsection (1)(a) if the service provider makes a good faith effort to apply a generally accepted and commercially reasonable method of filtering.
(c) At the time of a consumer's subscription to a service provider's service, the service provider shall notify the consumer in a conspicuous manner that the consumer may request to have material harmful to minors blocked under Subsection (1)(a).
(2) The Division of Consumer Protection within the Department of Commerce shall:
(a) every other year request from each service provider information on how the service provider complies with Subsection (1)(a);
(b) publish on the division's website a compilation of the information the division receives under Subsection (2)(a); and
(c) update the compilation described in Subsection (2)(b) every other year.
(3)
(a) A service provider may comply with Subsection (1)(a) by providing in-network filtering to prevent receipt of material harmful to minors, provided that the filtering does not affect or interfere with access to Internet content for consumers who do not request filtering under Subsection (1)(a).
(b) A service provider may comply with Subsection (1)(a) by engaging a third party to provide or referring a consumer to a third party that provides a commercially reasonable method of filtering to block the receipt of material harmful to minors.
(c) A service provider may charge a consumer a commercially reasonable fee for providing filtering under this Subsection (3).
(4) If the attorney general determines that a service provider violates Subsection (1), the attorney general shall:
(a) notify the service provider that the service provider is in violation of Subsection (1); and
(b) notify the service provider that the service provider has 90 days to comply with the provision being violated or be subject to Subsection (5).
(5)
(a) A service provider that intentionally or knowingly violates Subsection (1)(a) is subject to a civil fine of $2,500 for each separate violation of Subsection (1)(a), up to $15,000 per day.
(b) A service provider that intentionally or knowingly violates Subsection (1)(c) is subject to a civil fine up to $10,000.
(6) A proceeding to impose a civil fine under Subsection (5) may only be brought by the attorney general in a court of competent jurisdiction.
Amended by Chapter 180, 2019 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1233 - Content providers -- Material harmful to minors.

76-10-1233.
Content providers -- Material harmful to minors.
(1) A content provider that is domiciled in Utah, or generates or hosts content in Utah, shall restrict access to material harmful to minors.
(2) If the attorney general determines that a content provider violates Subsection (1), the attorney general shall:
(a) notify the content provider that the content provider is in violation of Subsection (1); and
(b) notify the content provider that the content provider has 30 days to comply with Subsection (1) or be subject to Subsection (3).
(3)
(a) If a content provider intentionally or knowingly violates this section more than 30 days after receiving the notice provided under Subsection (2), the content provider is subject to a civil fine of $2,500 for each separate violation of Subsection (1), up to $10,000 per day.
(b) A proceeding to impose the civil fine under this section may be brought only by the state attorney general and shall be brought in a court of competent jurisdiction.
Amended by Chapter 297, 2008 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1234 - Rulemaking authority.

76-10-1234.
Rulemaking authority.
The Division of Consumer Protection shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish acceptable rating methods to be implemented by a content provider under Subsection 76-10-1233(1).
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1235 - Accessing pornographic or indecent material on school property.

76-10-1235.
Accessing pornographic or indecent material on school property.
(1) As used in this section:
(a) "Pornographic or indecent material" means any material:
(i) defined as harmful to minors in Section 76-10-1201;
(ii) described as pornographic in Section 76-10-1203; or
(iii) described in Section 76-10-1227.
(b) "School property" means property, including land and improvements, that a school district or charter school owns, leases, or occupies.
(2) Except as provided in Subsection (3), a person is guilty of accessing pornographic or indecent material on school property when the person willfully or knowingly creates, views, or otherwise gains access to pornographic or indecent material while present on school property, under circumstances not amounting to an attempted or actual violation of:
(a) distributing pornographic material as specified in Section 76-10-1204;
(b) inducing acceptance of pornographic material as specified in Section 76-10-1205;
(c) dealing in material harmful to a minor as specified in Section 76-10-1206; or
(d) indecent public displays as specified in Section 76-10-1228.
(3) This section does not apply to school or law enforcement personnel when the access to pornographic or indecent material on school property is limited to:
(a) investigation of a violation of this section; or
(b) enforcement of this section.
(4) Each separate offense under this section is:
(a) a class A misdemeanor if the person is 18 years of age or older; and
(b) a class B misdemeanor if the person is under 18 years of age.
(5) This section does not prohibit disciplinary action for actions that violate this section.
Enacted by Chapter 79, 2007 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1236 - Possession of a child sex doll -- Penalties.

Effective 5/3/2023
76-10-1236.
Possession of a child sex doll -- Penalties.
(1) As used in this section, "child sex doll" means:
(a) an anatomically correct doll, mannequin, or robot, with the features of, or with features that resemble those of, a minor; and
(b) is intended for use in sexual acts.
(2) An actor commits the offense of possession of a child sex doll if the actor knowingly or intentionally possesses a child sex doll.
(3) A violation of Subsection (2) is a class A misdemeanor, with a mandatory fine of not less than $2,500.
Enacted by Chapter 118, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 12 - Pornographic and Harmful Materials and Performances › Section 1237 - Distributing or purchasing a child sex doll -- Penalties.

Effective 5/3/2023
76-10-1237.
Distributing or purchasing a child sex doll -- Penalties.
(1) As used in this section:
(a) "Child sex doll" means the same as that term is defined in Section 76-10-1236.
(b) "Distribute" means to sell, or with or without consideration, offer to sell, advertise, provide, ship, deliver for shipment, offer to deliver for shipment, or transfer.
(2) An actor commits the offense of distributing or purchasing a child sex doll if the actor knowingly, intentionally, or recklessly distributes, purchases, or offers to purchase a child sex doll.
(3) A violation of Subsection (2) is a third degree felony, with a mandatory fine of not less than $10,000.
Enacted by Chapter 118, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 13 - Prostitution › Section 1301 - Definitions.

Effective 5/4/2022
76-10-1301.
Definitions.
As used in this part:
(1) "Child" is an individual younger than 18 years old.
(2) "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.
(3) "Prostitute" or "prostituted individual" means an individual engaged in an activity described in Subsection 76-10-1302(1) or 76-10-1313(1)(a), (c), (d), or (f).
(4) "Public place" means a place to which the public or any substantial group of the public has access.
(5) "Sexual activity" means, regardless of the gender of either participant:
(a) an act of masturbation, sexual intercourse, or any sexual act involving the genitals of one individual and the mouth or anus of another individual; or
(b) 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.
Amended by Chapter 124, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 13 - Prostitution › Section 1302 - Prostitution.

Effective 5/3/2023
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
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 13 - Prostitution › Section 1303 - Patronizing a prostitute.

Effective 5/4/2022
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 Subsection 76-2-304.5(5)(a), 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 124, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 13 - Prostitution › Section 1304 - Aiding prostitution.

Effective 5/8/2018
76-10-1304.
Aiding prostitution.
(1) An individual is guilty of aiding prostitution if the individual:
(a)
(i) solicits an individual to patronize a prostitute, or to patronize an individual the actor believes to be a prostitute;
(ii) procures or attempts to procure a prostitute, or an individual the actor believes to be a prostitute, for a patron;
(iii) leases, operates, or otherwise permits a place controlled by the actor, alone or in association with another, to be used for prostitution or the promotion of prostitution; or
(iv) provides any service or commits any act that enables another individual to commit a violation of this Subsection (1)(a) or facilitates another individual's ability to commit any violation of this Subsection (1)(a); or
(b) solicits, receives, or agrees to receive any benefit for committing any of the acts prohibited by Subsection (1)(a).
(2) Aiding prostitution is a class A misdemeanor, except as provided in Subsection (3).
(3) An individual who is convicted a second time, and on all subsequent convictions, under this section or under a local ordinance adopted in compliance with Section 76-10-1307 is guilty of a third degree felony.
(4) Upon a conviction for a violation of this section, the court shall order the maximum fine amount and may not waive or suspend the fine.
Amended by Chapter 308, 2018 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 13 - Prostitution › Section 1305 - Exploiting prostitution.

Effective 5/8/2018
76-10-1305.
Exploiting prostitution.
(1) An individual is guilty of exploiting prostitution if the individual:
(a) procures an individual for a place of prostitution;
(b) encourages, induces, or otherwise purposely causes another to become or remain a prostitute;
(c) transports an individual into or within this state with a purpose to promote that individual's engaging in prostitution or procuring or paying for transportation with that purpose;
(d) not being a child or legal dependent of a prostitute, shares the proceeds of prostitution with a prostitute, or an individual the actor believes to be a prostitute, pursuant to their understanding that the actor is to share therein; or
(e) owns, controls, manages, supervises, or otherwise keeps, alone or in association with another, a place of prostitution or a business where prostitution occurs or is arranged, encouraged, supported, or promoted.
(2) Exploiting prostitution is a felony of the third degree.
(3) Upon a conviction for a violation of this section, the court shall order the maximum fine amount and may not waive or suspend the fine.
Amended by Chapter 308, 2018 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 13 - Prostitution › Section 1306 - Aggravated exploitation of prostitution.

Effective 5/4/2022
76-10-1306.
Aggravated exploitation of prostitution.
(1) A person is guilty of aggravated exploitation if:
(a) in committing an act of exploiting prostitution, as defined in Section 76-10-1305, the person uses any force, threat, or fear against any person;
(b) the person procured, transported, or persuaded or with whom the person shares the proceeds of prostitution is a child or is the spouse of the actor; or
(c) in the course of committing exploitation of prostitution, a violation of Section 76-10-1305, the person commits human trafficking or human smuggling, a violation of Section 76-5-308, 76-5-308.1, 76-5-308.3, or 76-5-308.5.
(2) Aggravated exploitation of prostitution is a second degree felony, except under Subsection (3).
(3) Aggravated exploitation of prostitution involving a child is a first degree felony.
(4) Upon a conviction for a violation of this section, the court shall order the maximum fine amount and may not waive or suspend the fine.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 13 - Prostitution › Section 1307 - Local ordinance consistent with code provisions.

76-10-1307.
Local ordinance consistent with code provisions.
An ordinance adopted by a local authority governing prostitution or aiding prostitution shall be consistent with the provisions of this part which govern those matters.
Enacted by Chapter 107, 1991 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 13 - Prostitution › Section 1308 - Prosecution.

76-10-1308.
Prosecution.
The following class A misdemeanors may be prosecuted by attorneys of cities and towns, as well as by prosecutors authorized elsewhere in this code to prosecute these alleged violations:
(1) class A misdemeanor violations of Section 76-10-1302; and
(2) class A misdemeanor violations of Section 76-10-1304.
Enacted by Chapter 107, 1991 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 13 - Prostitution › Section 1309 - Enhanced penalties -- HIV positive offender.

76-10-1309.
Enhanced penalties -- HIV positive offender.
A person who is convicted of prostitution under Section 76-10-1302, patronizing a prostitute under Section 76-10-1303, or sexual solicitation under Section 76-10-1313 is guilty of a third degree felony if at the time of the offense the person is an HIV positive individual, and the person:
(1) has actual knowledge of the fact; or
(2) has previously been convicted under Section 76-10-1302, 76-10-1303, or 76-10-1313.
Amended by Chapter 70, 2011 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 13 - Prostitution › Section 1310 - Definitions.

76-10-1310.
Definitions.
(1) "HIV infection" means an indication of Human Immunodeficiency Virus (HIV) infection determined by current medical standards and detected by any of the following:
(a) presence of antibodies to HIV, verified by a positive confirmatory test, such as Western blot or other method approved by the Utah State Health Laboratory. Western blot interpretation will be based on criteria currently recommended by the Association of State and Territorial Public Health Laboratory Directors;
(b) presence of HIV antigen;
(c) isolation of HIV; or
(d) demonstration of HIV proviral DNA.
(2) "HIV positive individual" means a person who has an HIV infection as determined under Subsection (1).
(3) "Local law enforcement agency" means the agency responsible for investigation of the violations of Sections 76-10-1302, 76-10-1303, and 76-10-1313, the filing of charges which may lead to conviction, and the conducting of or obtaining the results of tests for HIV infection.
(4) "Positive" means an indication of the HIV infection as defined in Subsection (1).
(5) "Test" or "testing" means a test or tests for HIV infection in accordance with standards recommended by the Department of Health.
Amended by Chapter 70, 2011 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 13 - Prostitution › Section 1312 - Notice to offender of HIV positive test results.

Effective 5/3/2023
76-10-1312.
Notice to offender of HIV positive test results.
(1) A person convicted under Section 76-10-1302, 76-10-1303, or 76-10-1313 who has tested positive for the HIV infection shall be notified of the test results in person by:
(a) the local law enforcement agency;
(b) the Department of Corrections, for offenders confined in any state prison;
(c) the state Department of Health and Human Services; or
(d) an authorized representative of any of the agencies listed in this Subsection (1).
(2) The notice under Subsection (1) shall contain the signature of the HIV positive person, indicating the person's receipt of the notice, the name and signature of the person providing the notice, and:
(a) the date of the test;
(b) the positive test results;
(c) the name of the HIV positive individual; and
(d) the following language:
"A person who has been convicted of prostitution under Section 76-10-1302, patronizing a prostitute under Section 76-10-1303, or sexual solicitation under Section 76-10-1313 after being tested and diagnosed as an HIV positive individual and either had actual knowledge that the person is an HIV positive individual or the person has previously been convicted of any of the criminal offenses listed above is guilty of a third degree felony under Section 76-10-1309."
(3) Failure to provide this notice, or to provide the notice in the manner or form prescribed under this section, does not create any civil liability and does not create a defense to any prosecution under this part.
(4) Upon conviction under Section 76-10-1309, and as a condition of probation, the offender shall receive treatment and counseling for HIV infection and drug abuse as provided in Title 26B, Chapter 5, Health Care - Substance Use and Mental Health.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 13 - Prostitution › Section 1314 - Examination of testing procedures and results in legal proceedings.

76-10-1314.
Examination of testing procedures and results in legal proceedings.
(1) Employees of the laboratory who conduct laboratory analysis of blood samples for presence of antibody to HIV provided pursuant to a request by a law enforcement agency or the Department of Corrections under Section 76-10-1311, may be examined in a legal proceeding of any kind or character as to:
(a) the nature of the testing;
(b) the validity of the testing;
(c) the results of the test;
(d) the HIV positivity or negativity of the person tested;
(e) the evidentiary chain of custody; and
(f) other factors relevant to the prosecution, subject to the court's ruling.
(2) This section applies only to the criminal investigation and prosecution under Section 76-10-1309 which permits enhanced penalties upon a subsequent conviction for:
(a) prostitution, Section 76-10-1302;
(b) patronizing a prostitute, Section 76-10-1303; or
(c) sexual solicitation, Section 76-10-1313.
Enacted by Chapter 179, 1993 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 13 - Prostitution › Section 1315 - Safe harbor for children as victims in commercial sex or sexual solicitation.

Effective 9/1/2022
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 124, 2022 General Session
Amended by Chapter 181, 2022 General Session
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 15 - Bus Passenger Safety Act › Section 1501 - Short title.

76-10-1501.
Short title.
This act shall be known and may be cited as the "Bus Passenger Safety Act."
Enacted by Chapter 72, 1979 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 15 - Bus Passenger Safety Act › Section 1502 - Legislative findings.

76-10-1502.
Legislative findings.
The legislature finds that the continued orderly operation of bus transportation is beneficial to the commerce of the state and to the convenience of its citizens; that it is essential to the comfort, safety and well-being of bus passengers that orderly conduct be maintained; that the promotion of bus transportation is beneficial to the economy of the state and conservation of energy; and that an increasing number of citizens avail themselves of this mode of transportation.
Enacted by Chapter 72, 1979 General Session