63G-31-304. Government entity facility compliance.

380 words·~2 min read·/ut/title-63g/chapter-31/63g-31-304

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 6/1/2025

(1)Except as provided under Section 53G-8-211 , a government entity shall contact law enforcement if the entity receives a complaint or allegation regarding the following within a privacy space in a facility that is open to the general public:

(a)an offense of lewdness as described in Section 76-5-419 ;

(b)an offense of lewdness involving a child as described in Section 76-5-420 ;

(c)voyeurism as described in Section 76-12-306 ;

(d)recorded or photographed voyeurism as described in Section 76-12-307 ;

(e)distribution of images obtained through voyeurism as described in Section 76-12-308 ;

(f)loitering in a privacy space as described in Section 76-12-309 ; or

(g)for a changing room described in Section 63G-31-302 , an offense of criminal trespass under Subsection 63G-31-302

(2).

(2)To preserve the individual privacy of males and females in privacy spaces:

(a)a government entity that has administrative control over access to a given facility with a privacy space that is open to the general public shall adopt a privacy compliance plan to address compliance with the government entity's duties under this chapter;

(b)for construction of a new facility with a privacy space that is open to the general public, the government entity that has authority over construction or remodeling of the facility shall ensure that the new construction includes a single-occupant facility; and

(c)for existing privacy spaces, the government entity that has authority over construction or remodeling of the facility that contains the privacy space:

(i)shall consider the feasibility of retrofitting or remodeling to include:

(A)floor-to-ceiling walls and doors or similar privacy protections;

(B)curtains; or

(C)other methods of improving individual privacy within the facility that are comparable to the methods described in Subsections (2)(a)(i) and

(ii); and

(ii)may reduce the number of fixtures that state law requires by up to 20% to provide adequate space for the retrofitting or remodeling described in Subsection (2)(a) .

(3)The government entity with authority regarding the design of a facility with a privacy space that is open to the general public shall ensure sufficient sex-designated privacy spaces through compliance with Sections 15A-3-112 and 15A-3-304 regarding unisex facilities.

Amended by Chapter 11 , 2025 General Session