Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 214 (2018GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• provides that an individual is guilty of patronizing a prostitute, aiding prostitution, or exploiting prostitution if the individual believed the other individual to be a prostitute;
• modifies the penalty for sexual solicitation; and
• makes technical changes.

Every vote on this bill

Bill text

SOLICITATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
Sandra Hollins
LONG TITLE
General Description:
This bill modifies provisions relating to prostitution and penalties relating to sexual
solicitation.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides that an individual is guilty of patronizing a prostitute, aiding prostitution,
or exploiting prostitution if the individual believed the other individual to be a
prostitute;
▸ modifies the penalty for sexual solicitation; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-10-1301
, as last amended by Laws of Utah 2017, Chapter 433
76-10-1303
, as last amended by Laws of Utah 2017, Chapter 433
76-10-1304
, as last amended by Laws of Utah 2017, Chapter 433
76-10-1305
, as last amended by Laws of Utah 2017, Chapter 433
76-10-1313
, as last amended by Laws of Utah 2017, Chapter 433
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-10-1301
 is amended to read:
76-10-1301.
Definitions.
[
For the purposes of this part:
]
As used in this part:
(1) "Child" is [
a person
] 
an individual
 younger than 18 years of age.
(2) "Inmate" means [
a person
] 
an individual
 who engages in prostitution in or through
the agency of a place of prostitution.
(3) "Place of prostitution" means a place or business where prostitution or promotion
of prostitution is arranged, regularly carried on, or attempted by one or more [
persons
]
individuals
 under the control, management, or supervision of another.
(4) "Prostitute" means an individual engaged in the activities described in Subsection
76-10-1302
(1).
[
(4)
] 
(5)
 "Public place" means any place to which the public or any substantial group of
the public has access.
[
(5)
] 
(6)
 "Sexual activity" means, regardless of the gender of either participant:
(a) acts of masturbation, sexual intercourse, or any sexual act involving the genitals of
one [
person
] 
individual
 and the mouth or anus of another [
person
] 
individual
; or
(b) touching the genitals, female breast, or anus of one [
person
] 
individual
 with any
other body part of another [
person
] 
individual
 with the intent to sexually arouse or gratify
either [
person
] 
individual
.
Section 2. Section 
76-10-1303
 is amended to read:
76-10-1303.
Patronizing a prostitute.
(1) [
A person
] 
An individual
 is guilty of patronizing a prostitute when the [
person
]
individual
:
(a) pays or offers or agrees to pay [
another person
] 
a prostitute, or an individual
the actor believes to be a prostitute,
 a fee, or the functional equivalent of a fee, for the purpose
of engaging in an act of sexual activity; or
(b) enters or remains in a place of prostitution for the purpose of engaging in sexual
activity.
(2) Patronizing a prostitute is a class A misdemeanor, except as provided in Subsection
(3), (4), or (5) and Section 
76-10-1309
.
(3) A violation of this section that is preceded by a conviction under this section or a
conviction under local ordinance adopted under Section 
76-10-1307
 is a class A misdemeanor.
(4) A third violation of this section or a local ordinance adopted under Section
76-10-1307
 is a third degree felony.
(5) If the patronizing of a prostitute under Subsection (1)(a) involves a child as the
other [
person
] 
individual
, a violation of Subsection (1)(a) is a third degree felony.
(6) Upon a conviction for a violation of this section, the court shall order the maximum
fine amount and may not waive or suspend the fine.
Section 3. Section 
76-10-1304
 is amended to read:
76-10-1304.
Aiding prostitution.
(1) [
A person
] 
An individual
 is guilty of aiding prostitution if the [
person
] 
individual
:
(a) (i) solicits [
a person
] 
an individual
 to patronize a prostitute
, or to patronize an
individual the actor believes to be a prostitute
;
(ii) procures or attempts to procure a prostitute
, or an individual the actor believes to
be a prostitute,
 for a patron; [
or
]
(iii) leases, operates, or otherwise permits a place controlled by the actor, alone or in
association with another, to be used for prostitution or the promotion of prostitution; or
(iv) provides any service or commits any act that enables another [
person
] 
individual
 to
commit a violation of this Subsection (1)(a) or facilitates another [
person's
] 
individual's
 ability
to commit any violation of this Subsection (1)(a); or
(b) solicits, receives, or agrees to receive any benefit for committing any of the acts
prohibited by Subsection (1)(a).
(2) Aiding prostitution is a class A misdemeanor[
. However, a person
]
, except as
provided in Subsection (3).
(3) An individual
 who is convicted a second time, and on all subsequent convictions,
under this section or under a local ordinance adopted in compliance with Section 
76-10-1307
 is
guilty of a third degree felony.
[
(3)
] 
(4)
 Upon a conviction for a violation of this section, the court shall order the
maximum fine amount and may not waive or suspend the fine.
Section 4. Section 
76-10-1305
 is amended to read:
76-10-1305.
Exploiting prostitution.
(1) [
A person
] 
An individual
 is guilty of exploiting prostitution if the [
person
]
individual
:
(a) procures [
a person
] 
an individual
 for a place of prostitution;
(b) encourages, induces, or otherwise purposely causes another to become or remain a
prostitute;
(c) transports [
a person
] 
an individual
 into or within this state with a purpose to
promote that [
person's
] 
individual's
 engaging in prostitution or procuring or paying for
transportation with that purpose;
(d) not being a child or legal dependent of a prostitute, shares the proceeds of
prostitution with a prostitute
, or an individual the actor believes to be a prostitute,
 pursuant to
their understanding that [
he
] 
the actor
 is to share therein; or
(e) owns, controls, manages, supervises, or otherwise keeps, alone or in association
with another, a place of prostitution or a business where prostitution occurs or is arranged,
encouraged, supported, or promoted.
(2) Exploiting prostitution is a felony of the third degree.
(3) Upon a conviction for a violation of this section, the court shall order the maximum
fine amount and may not waive or suspend the fine.
Section 5. Section 
76-10-1313
 is amended to read:
76-10-1313.
Sexual solicitation -- Penalty.
(1) [
A person
] 
An individual
 is guilty of sexual solicitation when the [
person
]
individual
:
(a) offers or agrees to commit any sexual activity with another [
person
] 
individual
 for a
fee, or the functional equivalent of a fee;
(b) pays or offers or agrees to pay a fee or the functional equivalent of a fee to another
[
person
] 
individual
 to commit any sexual activity; or
(c) with intent to engage in sexual activity for a fee or the functional equivalent of a fee
or to pay another [
person
] 
individual
 to commit any sexual activity for a fee or the functional
equivalent of a fee engages in, offers or agrees to engage in, or requests or directs another to
engage in any of the following acts:
(i) exposure of [
a person's
] 
an individual's
 genitals, the buttocks, the anus, the pubic
area, or the female breast below the top of the areola;
(ii) masturbation;
(iii) touching of [
a person's
] 
an individual's
 genitals, the buttocks, the anus, the pubic
area, or the female breast; or
(iv) any act of lewdness.
(2) An intent to engage in sexual activity for a fee may be inferred from [
a person's
] 
an
individual's
 engaging in, offering or agreeing to engage in, or requesting or directing another to
engage in any of the acts described in Subsection (1)(c) under the totality of the existing
circumstances.
(3) (a) Sexual solicitation is a class [
B
] 
A
 misdemeanor, except under Subsection
[
(3)(b)
] 
(4)
.
(b) [
Any person
] 
An individual
 who is convicted a second [
or subsequent
] time under
this section or under a local ordinance adopted in compliance with Section 
76-10-1307
[
,
] is
guilty of a class A misdemeanor, except as provided in Section 
76-10-1309
.
(4) An individual who is convicted a third time under this section or a local ordinance
adopted in compliance with Section 
76-10-1307
 is guilty of a third degree felony.
[
(4) If a person
]
(5) If an individual
 commits an act of sexual solicitation and the [
person
] 
individual
solicited is a child, the offense is a third degree felony if the solicitation does not amount to
human trafficking or human smuggling, a violation of Section 
76-5-308
, or aggravated human
trafficking or aggravated human smuggling, a violation of Section 
76-5-310
.