76-5d-212. Engaging in prostitution or sexual solicitation as an HIV positive offender.
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Effective 5/7/2025
76-5d-212. Engaging in prostitution or sexual solicitation as an HIV positive offender.
(1)Terms defined in Sections 76-1-101.5 , 76-5d-101 , and 76-5d-201 apply to this section.
(2)An actor commits engaging in prostitution or sexual solicitation as an HIV positive offender if the actor:
(a)is an HIV positive individual;
(b)is convicted of:
(i)engaging in prostitution under Section 76-5d-202 ;
(ii)patronizing a prostituted individual who is an adult under Section 76-5d-203 ;
(iii)patronizing a prostituted individual who is a child under Section 76-5d-204 ;
(iv)entering or remaining in a place of prostitution under Section 76-5d-205 ;
(v)sexual solicitation by an actor offering to engage in sexual activity for compensation under Section 76-5d-209 ;
(vi)sexual solicitation by an actor offering compensation to an adult in exchange for sexual activity under Section 76-5d-210 ; or
(vii)sexual solicitation by an actor offering compensation to a child in exchange for sexual activity under Section 76-5d-211 ; and
(i)has actual knowledge that the actor is an HIV positive individual; or
(ii)has previously been convicted of a violation of Section 76-5d-202 , 76-5d-203 , 76-5d-204 , 76-5d-205 , 76-5d-209 , 76-5d-210 , or 76-5d-211 .
(3)A violation of Subsection
(2)is a third degree felony.
(4)Upon conviction under this section, and as a condition of probation, the actor shall receive treatment and counseling for HIV infection and drug abuse as provided in Title 26B, Chapter 5, Health Care - Substance Use and Mental Health.
Renumbered and Amended by Chapter 173 , 2025 General Session
Renumbered and Amended by Chapter 174 , 2025 General Session
Technically renumbered to avoid duplication of newly enacted code also in HB0022, Chapter 174.