76-5d-106. Safe harbor for children as victims in commercial sex or sexual solicitation.

279 words·~1 min read·/ut/title-76/chapter-5d/76-5d-106

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

Effective 5/6/2026

(1)As used in this section:

(a)"Child engaged in commercial sex or sexual solicitation" means a child who:

(i)engages, offers, or agrees to engage in any sexual activity with another individual in exchange for receiving a fee, or the functional equivalent of a fee;

(ii)takes steps in arranging a meeting through any form of advertising, agreeing to meet, and meeting at an arranged place for the purpose of sexual activity in exchange for receiving a fee or the functional equivalent of a fee;

(iii)loiters in or within view of any public place for the purpose of being hired to engage in sexual activity; or

(iv)engages in sexual solicitation.

(b)"Division" means the Division of Child and Family Services created in Section 80-2-201 .

(c)"Juvenile receiving center" means the same as that term is defined in Section 80-1-102 .

(2)Upon encountering a child engaged in commercial sex or sexual solicitation, a law enforcement officer shall:

(a)conduct an investigation regarding possible human trafficking of the child pursuant to Sections 76-5-308 , 76-5-308.1 , 76-5-308.5 , and 76-5-308.6 ;

(b)refer the child to the division;

(c)bring the child to a juvenile receiving center, if available; and

(d)contact the child's parent or guardian, if practicable.

(3)When law enforcement refers a child to the division under Subsection (2)(b) , the division shall provide services to the child under Title 80, Chapter 2, Child Welfare Services , and Title 80, Chapter 2a, Removal and Protective Custody of a Child .

Amended by Chapter 247 , 2026 General Session