76-5d-202. Engaging in prostitution.
(1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-5d-101 76-5d-201
(2) An actor commits the offense of engaging in prostitution if the actor: is 18 years old or older; and engages in sexual activity with another individual in exchange for receiving a fee, or the functional equivalent of a fee.
(3) Except as provided in Subsection, a violation of Subsectionis a class B misdemeanor. (3)(b) (2) A violation of Subsectionis a class A misdemeanor if the actor has previously been convicted of: (2) a violation of Subsection; (2) a local ordinance adopted in accordance with Sectionaddressing the same or similar type of violation to the violation described in Subsection; or 76-5d-102 (2) a criminal violation in another jurisdiction, including a state, federal, or military court, that is substantially equivalent to the violation described in Subsection. (2)
(4) A prosecutor may not prosecute an actor for a violation of Subsectionif the actor engages in a violation of Subsectionat or near the time the actor witnesses or is a victim of any of the following offenses, or an attempt to commit any of the following offenses, and the actor reports the offense or attempt to law enforcement in good faith: (2) (2) assault as described in Section; 76-5-102 aggravated assault as described in Section; 76-5-103 mayhem as described in Section; 76-5-105 aggravated murder, murder, manslaughter, negligent homicide, child abuse homicide, or homicide by assault as described in; Chapter 5, Part 2, Criminal Homicide kidnapping, child kidnapping, aggravated kidnapping, human trafficking or aggravated human trafficking, human smuggling or aggravated human smuggling, or human trafficking of a child as described in; Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling rape as described in Section; 76-5-402 rape of a child as described in Section; 76-5-402.1 object rape as described in Section; 76-5-402.2 object rape of a child as described in Section; 76-5-402.3 forcible sodomy as described in Section; 76-5-403 sodomy on a child as described in Section; 76-5-403.1 forcible sexual abuse as described in Section; 76-5-404 sexual abuse of a child as described in Section, or aggravated sexual abuse of a child, Section; 76-5-404.1 76-5-404.3 aggravated sexual assault as described in Section; 76-5-405 sexual exploitation of a minor as described in Section; 76-5b-201 aggravated sexual exploitation of a minor as described in Section; 76-5b-201.1 sexual exploitation of a vulnerable adult as described in Section; 76-5b-202 possession of apparent child sexual abuse material as described in Section; 76-5b-207 distribution of apparent child sexual abuse material as described in Section; 76-5b-208 unlawful activity regarding obscene material depicting the sexual abuse of a minor as described in Section; 76-5b-209 burglary of a dwelling as described in Subsection; 76-6-202(3)(b) aggravated burglary as described in Section; 76-6-203 robbery as described in Section; 76-6-301 aggravated robbery as described in Section; or 76-6-302 theft by extortion as described in Sectionunder the circumstances described in Subsectionor. 76-6-406 76-6-406(1)(a)(i) (ii)
(5) A violation under this section that is a class A misdemeanor may be prosecuted by an attorney of a city or a town as well as by prosecutors authorized in the code to prosecute a violation under this section.