§ 76-5d-204 — Patronizing a prostituted individual who is a child.

(1) Terms defined in Sections 76-1-101.5, 76-5d-101, and 76-5d-201 apply to this section.
(2) An actor commits patronizing a prostituted individual who is a child if:
(2)(a) the actor is 12 years old or older;
(2)(b) the actor pays, offers to pay, or agrees to pay a prostituted individual, or an individual the actor believes to be a prostituted individual, a fee, or the functional equivalent of a fee;
(2)(c) the payment, offer of payment, or agreement for payment described in Subsection (2)(b) is for the purpose of engaging in an act of sexual activity; and
(2)(d) the prostituted individual, or the individual the actor believes to be a prostituted individual, described in Subsection (2)(b) is:
(2)(d)(i) a child; or
(2)(d)(ii) believed by the actor to be a child.
(3) (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a second degree felony with a mandatory fine of not less than $20,000.
(3)(b) If the actor is under 18 years old at the time of the offense, a violation of Subsection (2) is:
(3)(b)(i) a third degree felony if:
(3)(b)(i)(A) the actor is 17 years old and the prostituted individual is 13 years old or younger; or
(3)(b)(i)(B) the actor is 16 years old and the prostituted individual is 12 years old or younger;
(3)(b)(ii) a class A misdemeanor if:
(3)(b)(ii)(A) the actor is 17 years old and the prostituted individual is 14 years old;
(3)(b)(ii)(B) the actor is 16 years old and the prostituted individual is 13 years old;
(3)(b)(ii)(C) the actor is 15 years old and the prostituted individual is 12 years old or younger; or
(3)(b)(ii)(D) the actor is 14 years old and the prostituted individual is 11 years old or younger;
(3)(b)(iii) a class B misdemeanor if:
(3)(b)(iii)(A) the actor is 17 years old and the prostituted individual is 15 years old;
(3)(b)(iii)(B) the actor is 16 years old and the prostituted individual is 14 years old;
(3)(b)(iii)(C) the actor is 15 years old and the prostituted individual is 13 years old;
(3)(b)(iii)(D) the actor is 14 years old and the prostituted individual is 12 years old;
(3)(b)(iii)(E) the actor is 13 years old and the prostituted individual is 11 years old or younger; or
(3)(b)(iii)(F) the actor is 12 years old and the prostituted individual is 10 years old or younger; or
(3)(b)(iv) a class C misdemeanor if:
(3)(b)(iv)(A) the actor is 17 years old and the prostituted individual is 16 or 17 years old;
(3)(b)(iv)(B) the actor is 16 years old and the prostituted individual is 15 years old or older;
(3)(b)(iv)(C) the actor is 15 years old and the prostituted individual is 14 years old or older;
(3)(b)(iv)(D) the actor is 14 years old and the prostituted individual is 13 years old or older;
(3)(b)(iv)(E) the actor is 13 years old and the prostituted individual is 12 years old or older; or
(3)(b)(iv)(F) the actor is 12 years old and the prostituted individual is 11 years old or older.
(4) In accordance with Section 76-2-304.5, it is not a defense to a prosecution under this section that the actor mistakenly believed the individual described in Subsection (2) to be 18 years old or older at the time of the offense or was unaware of the individual's true age.
(5) If the violation of Subsection (2) amounts to an offense that is subject to a greater penalty under another provision of law, this section does not prohibit prosecution and sentencing for the more serious offense.
(6) Upon a conviction for a violation of this section, the court shall order:
(6)(a) the maximum fine amount and may not waive or suspend the fine; and
(6)(b) the actor to pay for and complete a court-approved educational program about the negative effects on an individual involved with prostitution or human trafficking.

Legislative History

Enacted by Chapter 173, 2025 General Session