All Roll Calls
Yes: 207 • No: 0
UtahH.B. 222025 General SessionHouseWALLET
Prostitution Offense Amendments
Sponsored By: Gwynn, Matthew H.
Signed by Governor
RecodificationCrimesLaw Enforcement and Criminal JusticeSexual OffensesProstitution
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Bill Overview
Analyzed Economic Effects
11 provisions identified: 3 benefits, 6 costs, 2 mixed.
Children in commercial sex get protection
Officers must treat children found in commercial sex or sexual solicitation as victims and investigate possible human trafficking. They must refer the child to the Division of Child and Family Services. Officers must use a juvenile receiving center when available and contact a parent or guardian when practical. The division must provide child-welfare services, including removal or protective custody services. Children cannot face delinquency proceedings for their prostitution or sexual solicitation.
Child sex buyers face felony penalties
People age 12 or older face charges for buying sex from a child or paid sexual solicitation involving a child. Buying also covers someone the buyer believes is a child; both offenses generally carry second-degree felony penalties. For defendants under 18, penalties depend on both ages; solicitation ranges from a third-degree felony to a class C misdemeanor. Mistaken age is no defense to child patronizing, paid child solicitation, or aggravated prostitution exploitation. Child patronizing requires maximum fines without waiver or suspension and paid education; the solicitation offense excludes conduct covered by specified trafficking or smuggling crimes.
HIV status triggers penalties and treatment
An HIV-positive person convicted of a listed prostitution-related offense faces a third-degree felony under the law's HIV-specific provision. The person must know their HIV status or have a prior conviction for a listed offense. Covered crimes include child patronizing, entering or remaining in prostitution venues, and adult or child sexual solicitation. People placed on probation after conviction under this provision must receive HIV and drug-abuse treatment and counseling. The provision does not state who pays for treatment.
Crime reporting protects some solicitation defendants
Prosecutors cannot bring the specified child sexual-solicitation charge against someone who meets both reporting conditions. The solicitation must occur near the time the person witnesses or suffers a crime or attempted crime listed in Section 76-5d-202(4). The person must report that crime to law enforcement in good faith. This is not blanket protection from other charges.
Former juveniles can clear prostitution records
Beginning May 7, 2025, people can ask courts to set aside covered juvenile findings and erase related records. Covered findings include prostitution, aiding prostitution, and solicitation involving an offer of sexual activity for compensation. Courts presumptively grant relief unless the person acted as a buyer of sexual activity. Granted relief requires erasing incident records, subject to the law's murder-related exceptions. Prosecutors and agencies receive at least 30 days' hearing notice; victims can request 30 days' notice.
Adult sex buyers face higher penalties
Beginning May 7, 2025, buying adult sex, paid adult sexual solicitation, and entering or staying in prostitution venues for sex carry class A misdemeanor penalties. Buying includes paying, offering, or agreeing to pay; solicitation also covers requesting specified acts with intent to pay. Buying and venue offenses become third-degree felonies after two prior convictions, including similar local violations. Adult solicitation becomes a third-degree felony on a third or later violation. All three require paid, court-approved prostitution or trafficking education; buying and venue convictions also require maximum fines without waiver or suspension.
Recent convictions block direct-access roles
The Office of Background Processing must deny direct-access qualification after certain recent prostitution-related convictions. The bar covers felony or misdemeanor convictions involving prostitution or sexual solicitation within the previous three years. It limits eligibility for covered roles with direct access to children or vulnerable adults in health and human services.
Some juvenile cases lose diversion options
Beginning May 7, 2025, probation officers cannot offer nonjudicial adjustment for felonies allegedly committed at age 12 or older. This option resolves eligible juvenile cases without formal court proceedings. The ban also covers misdemeanor child patronizing or child sexual-solicitation offenses under Sections 76-5d-204 and 76-5d-211. Officers must request prosecutor review for referrals that are ineligible for adjustment.
Adult prostitution penalties include reporting protections
Adults age 18 or older who exchange sexual activity for a fee or its equivalent commit a class B misdemeanor. A prior conviction for this offense or a similar local violation raises it to a class A misdemeanor. City or town attorneys can prosecute the class A offense. Prosecution is barred when the conduct occurs near the time the person witnesses or suffers a listed crime or attempted crime. The person must report that crime to law enforcement in good faith.
Covered defendants face mandatory HIV testing
Covered prostitution and solicitation cases require HIV testing before sentencing after guilty or no-contest pleas or guilty findings. Guilty pleas with a mental condition also qualify; untested people must be tested during jail or prison confinement. Individuals generally pay, but local law enforcement or corrections covers testing for those unable to afford it. Convicted people with positive results must receive in-person notice identifying them, the test date, the result, and the required warning. Improper notice creates no civil liability and is not a defense to prosecution.
Stronger enforcement against prostitution and exploitation
Aiding prostitution becomes a third-degree felony after a prior aiding conviction or a similar local ordinance conviction. Engaging in prostitution, aiding prostitution, exploitation, and aggravated exploitation also count as unlawful activity under Utah's racketeering law. They count toward a pattern only when the racketeering law's separate pattern requirements are satisfied. Local ordinances covering matters in the state prostitution chapter must be consistent with that chapter.
Sponsors & Cosponsors
Sponsor
Gwynn, Matthew H.
Affiliation unavailable
Cosponsors
Keith Grover
Republican • Senate
Roll Call Votes
House vote • 2/10/2025
House/ concurs with Senate amendment
Yes: 71 • No: 0
Senate vote • 2/6/2025
Senate/ passed 3rd reading
Yes: 27 • No: 0
Senate vote • 2/5/2025
Senate/ passed 2nd reading
Yes: 25 • No: 0
Senate vote • 1/31/2025
Senate Comm - Substitute Recommendation
Yes: 6 • No: 0
Senate vote • 1/31/2025
Senate Comm - Favorable Recommendation
Yes: 6 • No: 0
House vote • 1/22/2025
House/ passed 3rd reading
Yes: 72 • No: 0
Actions Timeline
Governor Signed
3/25/2025House/ to Governor
3/17/2025HouseHouse/ received enrolled bill from Printing
3/17/2025HouseHouse/ enrolled bill to Printing
3/13/2025HouseEnrolled Bill Returned to House or Senate
3/13/2025Draft of Enrolled Bill Prepared
2/12/2025Bill Received from House for Enrolling
2/12/2025House/ signed by Speaker/ sent for enrolling
2/11/2025HouseHouse/ received from Senate
2/11/2025HouseSenate/ to House
2/10/2025SenateSenate/ signed by President/ returned to House
2/10/2025SenateSenate/ received from House
2/10/2025SenateHouse/ to Senate
2/10/2025HouseHouse/ concurs with Senate amendment
2/10/2025HouseHouse/ placed on Concurrence Calendar
2/7/2025HouseHouse/ received from Senate
2/7/2025HouseSenate/ to House with amendments
2/6/2025SenateSenate/ passed 3rd reading
2/6/2025SenateSenate/ 3rd reading
2/6/2025SenateSenate/ passed 2nd reading
2/5/2025SenateSenate/ 2nd reading
2/5/2025SenateSenate/ placed on 2nd Reading Calendar
2/3/2025SenateSenate/ comm rpt/ substituted
2/3/2025SenateSenate Comm - Favorable Recommendation
1/31/2025SenateSenate Comm - Substitute Recommendation
1/31/2025Senate
Bill Text
Enrolled
3/13/2025
Substitute #1
1/30/2025
Introduced
12/17/2024