76-5d-104. Notice to a convicted individual of HIV positive test results.

369 words·~2 min read·/ut/title-76/chapter-5d/76-5d-104

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

Effective 5/7/2025

(1)An individual convicted under Section 76-5d-202 , 76-5d-203 , 76-5d-204 , 76-5d-205 , 76-5d-209 , 76-5d-210 , or 76-5d-211 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 an individual confined in a state prison;

(c)the Department of Health and Human Services; or

(d)an authorized representative of an agency listed in Subsections (1)(a) through

(c).

(2)The notice described in Subsection

(1)shall contain the signature of the HIV positive individual, indicating the individual's receipt of the notice, the name and signature of the individual 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:

"An individual who has been convicted of engaging in prostitution under Section 76-5d-202 , patronizing a prostituted individual who is an adult under Section 76-5d-203 , patronizing a prostituted individual who is a child under Section 76-5d-204 , entering or remaining in a place of prostitution under Section 76-5d-205 , sexual solicitation by an actor offering to engage in sexual activity for compensation under Section 76-5d-209 , sexual solicitation by an actor offering compensation to an adult in exchange for sexual activity under Section 76-5d-210 , or sexual solicitation by an actor offering compensation to a child in exchange for sexual activity under Section 76-5d-211 , after being tested and diagnosed as an HIV positive individual and either had actual knowledge that the individual is an HIV positive individual or the individual has previously been convicted of any of the criminal offenses listed above is guilty of a third degree felony under Section 76-5d-212 ."

(3)Failure to provide the notice described in Subsection

(1), or to provide the notice in the manner or form prescribed under this section, does not:

(a)create any civil liability; or

(b)create a defense to a prosecution under this chapter.

Renumbered and Amended by Chapter 173 , 2025 General Session

Renumbered and Amended by Chapter 174 , 2025 General Session