76-12-309. Loitering in a privacy space.
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/ut/title-76/chapter-12/76-12-309A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
76-12-309. Loitering in a privacy space.
(a)As used in this section:
(i)"Privacy space" means the following in which an individual has a reasonable expectation of privacy:
(A)a restroom or any other space that includes a toilet;
(B)a dressing room, fitting room, locker room, changing facility, or any other space designated for multiple individuals to dress or undress within the same space; or
(C)any room or space that includes a shower.
(ii)"Sex-designated" means that a facility, program, or event is designated specifically for males or females and not the opposite sex.
(b)Terms defined in Sections 76-1-101.5 , 76-12-101 , and 76-12-301 apply to this section.
(2)An actor commits the offense loitering in a privacy space if the actor intentionally or knowingly remains unlawfully in a privacy space.
(a)Except as provided in Subsection (3)(b), a violation of Subsection
(2)is a class B misdemeanor.
(b)A violation of Subsection
(2)is a class A misdemeanor if the actor commits the offense:
(i)while also committing the offense of:
(A)criminal trespass in a sex-designated changing room under Subsection 76-6-206 (2)(d);
(B)lewdness under Section 76-5-419 ;
(C)lewdness involving a child under Section 76-5-420 ; or
(D)voyeurism under Section 76-12-306 ;
(E)recorded or photographed voyeurism under Section 76-12-307 ; or
(F)distribution of images obtained through voyeurism under Section 76-12-308 ; or
(ii)in a sex-designated privacy space that is not designated for individuals of the actor's sex.
Renumbered and Amended by Chapter 173 , 2025 General Session