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Title 76 - Criminal Code, Chapter 10 - Offenses Against Public Health, Safety, Welfare and Morals, Part 13 - Prostitution

76-10-1301. Definitions. For the purposes of this part:

(1) "House of prostitution" means a place where prostitution or promotion of prostitution is regularly carried on by one or more persons under the control, management, or supervision of another.

(2) "Inmate" means a person who engages in prostitution in or through the agency of a house of prostitution.

(3) "Public place" means any place to which the public or any substantial group of the public has access.

(4) "Sexual activity" means acts of masturbation, sexual intercourse, or any sexual act involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant. (as last amended by Chapter 199, Laws of Utah 1988)

76-10-1302. Prostitution.

(1) A person is guilty of prostitution when:
(a) he engages in any sexual activity with another person for a fee;
(b) is an inmate of a house of prostitution; or
(c) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.

(2) Prostitution is a class B misdemeanor. However, any person 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 class A misdemeanor, except as provided in Section 76-10-1309.
(as last amended by Chapter 179, Laws of Utah 1993)

76-10-1303. Patronizing a prostitute. (1) A person is guilty of patronizing a prostitute when:
(a) he pays or offers or agrees to pay another person a fee for the purpose of engaging in an act of sexual activity; or
(b) he enters or remains in a house of prostitution for the purpose of engaging in sexual activity.

(2) Patronizing a prostitute is a class B misdemeanor, except as provided in Section 76-10-1309.
(as last amended by Chapter 179, Laws of Utah 1993)

76-10-1304. Aiding prostitution.

(1) A person is guilty of aiding prostitution if he:
(a) solicits a person to patronize a prostitute;
(b) procures or attempts to procure a prostitute for a patron;
(c) leases 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
(d) solicits, receives, or agrees to receive any benefit for doing any of the acts prohibited by this subsection.

(2) Aiding prostitution is a class B misdemeanor. However, a person 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 class A misdemeanor. (as last amended by Chapter 107, Laws of Utah 1991)

76-10-1305. Exploiting prostitution.

(1) A person is guilty of exploiting prostitution if he:
(a) Procures an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate; or
(b) Encourages, induces, or otherwise purposely causes another to become or remain a prostitute; or
(c) Transports a person into or within this state with a purpose to promote that person's engaging in prostitution or procuring or paying for transportation with that purpose; or
(d) Not being a child or legal defendant of a prostitute, shares the proceeds of prostitution with a prostitute pursuant to their understanding that he is to share therein.
(e) Owns, controls, manages, supervises, or otherwise keeps, alone or in association with another, a house of prostitution or a prostitution business.

(2) Exploiting prostitution is a felony of the third degree. (as last amended by Chapter 32, Laws of Utah 1974)

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, he uses any force, threat, or fear against any person; or
(b) The person procured, transported, or pursuaded or with whom he shares the proceeds of prostitution is under eighteen years of age or is the wife of the actor.

(2) Aggravated exploitation of prostitution is a felony of the second degree. (as enacted by Chapter 196, Laws of Utah 1973)

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.
(as enacted by Chapter 107, Laws of Utah 1991)

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. (as enacted by Chapter 107, Laws of Utah 1991)

76-10-1309. Enhanced penalties -- HIV positive offender. A person who is an HIV positive individual and has actual knowledge of that fact and has received written personal notice of the positive test results from a law enforcement agency pursuant to Section 76-10-1312 and is convicted of:

(1) prostitution under Section 76-10-1302 shall be guilty of a felony of the third degree;

(2) patronizing a prostitute under Section 76-10-1303 shall be guilty of a felony of a third degree; or

(3) sexual solicitation under Section 76-10-1313 shall be guilty of a felony of the third degree.
(as enacted by Chapter 179, Laws of Utah 1993)

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 is HIV positive and has actual knowledge of his disease.

(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 tests for HIV infection.

(4) "Notice" means the HIV positive individual has been notified by the law enforcement agency as provided in Section 76-10-1312.

(5) "Positive" means an indication of the HIV infection as defined in Subsection (1).

(6) "Test" or "testing" means a test or tests for HIV infection in accordance with standards recommended by the Department of Health. (as enacted by Chapter 179, Laws of Utah 1993)

76-10-1311. Mandatory testing -- Retention of offender medical file -- Civil liability.
(1) A person who has entered a plea of guilty, a plea of no contest, a plea of guilty and mentally ill, or been found guilty for violation of Section 76-10-1302, 76-10-1303, or 76-10-1313 shall be required to submit to a mandatory test to determine if the offender is an HIV positive individual. The mandatory test shall be required and conducted prior to sentencing.

(2) If the mandatory test has not been conducted prior to sentencing, and the convicted offender is already confined in a county jail or state prison, such person shall be tested while in confinement.

(3) The local law enforcement agency shall cause the blood specimen of the offender as defined in Subsection (1) confined in county jail to be taken and tested.

(4) The Department of Corrections shall cause the blood specimen of the offender defined in Subsection (1) confined in any state prison to be taken and tested.

(5) The local law enforcement agency shall collect and retain in the offender's medical file the following data:
(a) the HIV infection test results;
(b) a copy of the written notice as provided in Section 76-10-1312;
(c) photographic identification; and
(d) fingerprint identification.

(6) The local law enforcement agency shall classify the medical file as a private record pursuant to Subsection 63-2-302(1)(b) or a controlled record pursuant to Section 63-2-303.

(7) The person tested shall be responsible for the costs of testing, unless the person is indigent. The costs will then be paid by the local law enforcement agency or the Department of Corrections from the General Fund.

(8) (a) The laboratory performing testing shall report test results to only designated officials in the Department of Corrections, the Department of Health, and the local law enforcement agency submitting the blood specimen.
(b) Each department or agency shall designate those officials by written policy.
(c) Designated officials may release information identifying an offender under Section 76-10-1302, 76-10-1303, or 76-10-1313 who has tested HIV positive as provided under Subsection 63-2-202(1) and for purposes of prosecution pursuant to Section 76-10-1309.

(9) (a) An employee of the local law enforcement agency, the Department of Corrections, or the Department of Health who discloses the HIV test results under this section is not civilly liable except when disclosure constitutes fraud or malice as provided in Section 63-30-4.
(b) An employee of the local law enforcement agency, the Department of Corrections, or the Department of Health who discloses the HIV test results under this section is not civilly or criminally liable, except when disclosure constitutes a knowing violation of Section 63-2-801.

(10) When the medical file is released as provided in Section 63-2-803, the local law enforcement agency, the Department of Corrections, or the Department of Health or its officers or employees are not liable for damages for release of the medical file. (as enacted by Chapter 179, Laws of Utah 1993)

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 at the sentencing hearing in the presence of the judge and counsel only.

(2) Whenever practicable, prior to notification in the district court, the offender shall be served personally with written notice by the local law enforcement agency at a meeting with a local law enforcement officer and a person from the state or county health department.
(a) At that meeting, the offender shall be informed of the test results and counseled on HIV infection and its effects.
(b) The local law enforcement agency shall arrange the time and place of notification and counseling.

(3) The notice shall contain the following information:
(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 receiving actual notice and personal written notice of the positive test results shall be guilty of a felony of the third degree pursuant to Section 76-10-1309."

(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 62A, Chapter 8. (as enacted by Chapter 179, Laws of Utah 1993)

76-10-1313. Sexual solicitation -- Penalty.
(1) A person is guilty of sexual solicitation when:
(a) he offers or agrees to commit any sexual activity with another person for a fee; or
(b) he pays or offers or agrees to pay another person to commit any sexual activity for a fee.

(2) Sexual solicitation is a class B misdemeanor. However, any person 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 class A misdemeanor, except as provided in Section 76-10-1309.
(as enacted by Chapter 179, Laws of Utah 1993)

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.
(as enacted by Chapter 179, Laws of Utah 1993)

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