76-5d-101. Definitions.

380 words·~2 min read·/ut/title-76/chapter-5d/76-5d-101

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

Effective 5/7/2025

As used in this chapter:

(1)"Adult" is an individual who is 18 years old or older.

(2)"Child" is an individual younger than 18 years old.

(3)"Female breast" means the undeveloped, partially developed, or developed breast of a female individual.

(4)"HIV infection" means an indication of a 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 with an interpretation based on criteria currently recommended by the Association of State and Territorial Public Health Laboratory Directors or another confirmatory test approved by the Utah State Health Laboratory;

(b)presence of HIV antigen;

(c)isolation of HIV; or

(d)demonstration of HIV proviral DNA.

(5)"HIV positive individual" means an individual who has an HIV infection.

(6)"Local law enforcement agency" means an agency responsible for investigating violations of offenses in Part 2, General Offenses, the filing of charges that may lead to convictions, and the conducting of, or obtaining the results of, tests for HIV infection.

(7)"Positive" means an indication of HIV infection.

(8)"Prostituted individual" means an individual engaged in prostitution or sexual solicitation.

(9)"Prostitution" means engaging in sexual activity with another individual in exchange for a fee or the functional equivalent of a fee.

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

(11)"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.

(12)"Sexual solicitation" means the conduct described in Section 76-5d-209 , sexual solicitation by an actor offering to engage in sexual activity for compensation.

(13)"Test" means a test for HIV infection in accordance with standards recommended by the Department of Health and Human Services.

Renumbered and Amended by Chapter 173 , 2025 General Session

Renumbered and Amended by Chapter 174 , 2025 General Session