76-5d-206. Aiding prostitution.
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Effective 5/7/2025
76-5d-206. Aiding prostitution.
(1)Terms defined in Sections 76-1-101.5 , 76-5d-101 , and 76-5d-201 apply to this section.
(2)An actor commits aiding prostitution if the actor:
(i)solicits an individual to patronize a prostituted individual, or to patronize an individual the actor believes to be a prostituted individual;
(ii)procures or attempts to procure a prostituted individual, or an individual the actor believes to be a prostituted individual, for a patron;
(iii)leases, operates, or otherwise permits a place controlled by the actor, alone or in association with another individual, to be used for prostitution or the promotion of prostitution; or
(iv)provides a service or commits an act that enables another individual to commit a violation of this Subsection
(2)or facilitates another individual's ability to commit a violation of this Subsection
(2); or
(b)solicits, receives, or agrees to receive a benefit for committing any of the acts prohibited by Subsection (2)(a) .
(a)Except as provided in Subsection (3)(b) , a violation of Subsection
(2)is a class A misdemeanor.
(b)A violation of Subsection
(2)is a third degree felony if the actor has previously been convicted of:
(i)a violation of Subsection
(2);
(ii)a local ordinance adopted in accordance with Section 76-5d-102 addressing the same or similar type of violation to the violation described in Subsection
(2); or
(iii)a criminal violation in another jurisdiction, including a state, federal, or military court, that is substantially equivalent to the violation described in Subsection
(2).
(4)Upon a conviction for a violation of this section, the court shall order a fine of not less than $10,000 and may not waive or suspend the fine.
(5)A violation under this section that is a class A misdemeanor may be prosecuted by an attorney of a city or a town as well as by prosecutors authorized in the code to prosecute a violation under this section.
Renumbered and Amended by Chapter 173 , 2025 General Session
Renumbered and Amended by Chapter 174 , 2025 General Session