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

(1) As used in this section:
(1)(a) "Child engaged in commercial sex or sexual solicitation" means a child who:
(1)(a)(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;
(1)(a)(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;
(1)(a)(iii) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity; or
(1)(a)(iv) engages in sexual solicitation.
(1)(b) "Division" means the Division of Child and Family Services created in Section 80-2-201.
(1)(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:
(2)(a) conduct an investigation regarding possible human trafficking of the child pursuant to Sections 76-5-308, 76-5-308.1, and 76-5-308.5;
(2)(b) refer the child to the division;
(2)(c) bring the child to a juvenile receiving center, if available; and
(2)(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.

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session; Renumbered and Amended by Chapter 174, 2025 General Session