63G-31-302. Sex-designated changing rooms in publicly owned facilities open to the general public.
(1) Except as provided in Subsection, to preserve the individual privacy of males and females, an individual may only access an operational sex-designated changing room in a government entity's facility that is open to the general public if: (1)(b) the individual's sex corresponds with the sex designation of the changing room; or the individual has: legally amended the individual's birth certificate to correspond with the sex designation of the changing room, which may be supported with a review of any amendment history obtained under Section; and 26B-8-125 undergone a primary sex characteristic surgical procedure as defined in Sectionto correspond with the sex designation of the changing room. 58-67-102 Subsectiondoes not apply to: (1)(a) a minor child who requires assistance to access or use the changing room that corresponds with the sex of the minor's parent, guardian, or relative; a dependent minor, as defined in Section, or a dependent adult, as defined in Sectionwho requires assistance to access or use the changing room that corresponds with the sex of a caretaker; 76-5-110 76-5-111 an individual providing public safety services, including law enforcement, emergency medical services as defined in Section, and fire protection; 26B-4-101 an employee of a health care facility, as defined in Section, to provide health care services to a patient of the health care facility; or 26B-2-201 an individual whose employment duties include the maintenance or cleaning of the changing room.
(2) An individual in a changing room has a reasonable expectation of privacy, satisfying the privacy element of the following offenses: voyeurism, as described in Section; and 76-12-306 recorded or photographed voyeurism, as described in Section. 76-12-307
(3) An individual who knowingly enters a changing room in violation of Subsectioncommits the offense of criminal trespass under Sectionif the individual enters or remains in the changing room under circumstances which a reasonable person would expect to likely cause affront or alarm to, on, or in the presence of another individual. (1) 76-6-206
(4) The surgical provision described in Subsectiondoes not shield an individual from the offense of lewdness related to genitalia under Subsectionor. (1)(a)(ii) 76-5-419(6) 76-5-420(5)
(5) An individual may use the following evidence as a defense against an allegation that the individual is not eligible to access and use a sex-designated changing room under Subsection: (1) for an individual whose birth sex corresponds with the sex designation of the changing room, an individual's unamended birth certificate that corresponds with the sex designation of the changing room, which may be supported with a review of any amendment history obtained under Section; or 26B-8-125 for an individual whose birth sex does not correspond with the sex designation of the changing room: the individual's amended birth certificate, which may be supported with a review of any amendment history obtained under Section; and 26B-8-125 documentation that demonstrates that the individual has undergone a primary sex characteristic surgical procedure as defined in Section. 58-67-102
(6) Subsectiondoes not apply to: (1) a unisex or single-occupant facility; a changing room that is not open to the general public; or an intersex individual.