(1)Terms defined in Sections 76-1-101.5, 76-5d-101, and 76-5d-201 apply to this section.
(2)Under circumstances not amounting to an offense described in Subsection (4), an actor commits the offense of sexual solicitation by an actor offering compensation to a child in exchange for sexual activity if the actor:
(2)(a) is 12 years old or older; and
(2)(b) (2)(b)(i) pays, offers to pay, or agrees to pay a fee, or the functional equivalent of a fee, to a child to hire the child to commit any sexual activity; or
(2)(b)(ii) with intent to pay a child to be hired to commit any sexual activity for a fee, or the functional equivalent of a fee, requests or directs the child to engage in any of the following acts:
(2)(b)(ii)(A) exposure or touching of the child's genitals, the buttocks, the anus, t
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(1) Terms defined in Sections 76-1-101.5, 76-5d-101, and 76-5d-201 apply to this section.
(2) Under circumstances not amounting to an offense described in Subsection (4), an actor commits the offense of sexual solicitation by an actor offering compensation to a child in exchange for sexual activity if the actor:
(2)(a) is 12 years old or older; and
(2)(b) (2)(b)(i) pays, offers to pay, or agrees to pay a fee, or the functional equivalent of a fee, to a child to hire the child to commit any sexual activity; or
(2)(b)(ii) with intent to pay a child to be hired to commit any sexual activity for a fee, or the functional equivalent of a fee, requests or directs the child to engage in any of the following acts:
(2)(b)(ii)(A) exposure or touching of the child's genitals, the buttocks, the anus, the pubic area, or the female breast below the top of the areola;
(2)(b)(ii)(B) masturbation; or
(2)(b)(ii)(C) any act of lewdness.
(3) (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a second degree felony.
(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 child is 13 years old or younger; or
(3)(b)(i)(B) the actor is 16 years old and the child 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 child is 14 years old;
(3)(b)(ii)(B) the actor is 16 years old and the child is 13 years old;
(3)(b)(ii)(C) the actor is 15 years old and the child is 12 years old or younger; or
(3)(b)(ii)(D) the actor is 14 years old and the child 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 child is 15 years old;
(3)(b)(iii)(B) the actor is 16 years old and the child is 14 years old;
(3)(b)(iii)(C) the actor is 15 years old and the child is 13 years old;
(3)(b)(iii)(D) the actor is 14 years old and the child is 12 years old;
(3)(b)(iii)(E) the actor is 13 years old and the child is 11 years old or younger; or
(3)(b)(iii)(F) the actor is 12 years old and the child 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 child is 16 or 17 years old;
(3)(b)(iv)(B) the actor is 16 years old and the child is 15 years old or older;
(3)(b)(iv)(C) the actor is 15 years old and the child is 14 years old or older;
(3)(b)(iv)(D) the actor is 14 years old and the child is 13 years old or older;
(3)(b)(iv)(E) the actor is 13 years old and the child is 12 years old or older; or
(3)(b)(iv)(F) the actor is 12 years old and the child is 11 years old or older.
(4) The offenses referred to in Subsection (2) are:
(4)(a) human trafficking for labor as described in Section 76-5-308;
(4)(b) human trafficking for sexual exploitation as described in Section 76-5-308.1;
(4)(c) human smuggling as described in Section 76-5-308.3;
(4)(d) human trafficking of a child as described in Section 76-5-308.5;
(4)(e) aggravated human trafficking as described in Section 76-5-310; and
(4)(f) aggravated human smuggling as described in Section 76-5-310.1.
(5) The actor's intent to hire a child to engage in sexual activity for a fee may be inferred from an actor engaging in, offering or agreeing to engage in, or requesting or directing another to engage in any of the acts described in Subsection (2)(b) under the totality of the existing circumstances.
(6) A prosecutor may not prosecute an actor for a violation of Subsection (2) if the actor engages in a violation of Subsection (2) at or near the time the actor witnesses or is a victim of any of the offenses, or an attempt to commit any of the offenses, described in Subsection 76-5d-202(4), and the actor reports the offense or attempt to law enforcement in good faith.
(7) (7)(a) Upon encountering a child engaged in commercial sex or sexual solicitation, a law enforcement officer shall follow the procedure described in Subsection 76-5d-106(2).
(7)(b) A child engaged in commercial sex or sexual solicitation shall be referred to the Division of Child and Family Services for services and may not be subjected to delinquency proceedings.