76-5d-209. Sexual solicitation by an actor offering to engage in sexual activity for compensation.
(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 sexual solicitation by an actor offering to engage in sexual activity for compensation if the actor: is 18 years old or older; and offers or agrees to commit any sexual activity with another individual in exchange for receiving a fee, or the functional equivalent of a fee; takes steps to arrange a meeting with another individual through any form of advertising or agreement to meet; meets the individual at an arranged place; and arranged and met the individual for the purpose of being hired to engage in sexual activity in exchange for receiving a fee, or the functional equivalent of a fee; loiters in, or within view of, a public place for the purpose of being hired to engage in sexual activity in exchange for receiving a fee, or the functional equivalent of a fee; or with intent to be hired to engage in sexual activity in exchange for receiving a fee, or the functional equivalent of a fee, engages in, or offers or agrees to engage in, any of the following acts: exposure or touching of an individual's genitals, buttocks, anus, pubic area, or female breast below the top of the areola; masturbation; or any act of lewdness.
(3) A violation of Subsectionor under a local ordinance adopted in compliance with Sectionis: (2) 76-5d-102 a class B misdemeanor on a first or second violation; or a class A misdemeanor on a third or subsequent violation.
(4) An intent to be hired 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 Subsectionunder the totality of the existing circumstances. (2)(b)(iv)
(5) 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) 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.
(6) 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 offenses, or an attempt to commit any of the offenses, described in Subsection, and the actor reports the offense or attempt to law enforcement in good faith. (2) (2) 76-5d-202(4)
(7) As part of a sentence imposed under Subsection, the court may lower, waive, or suspend a fine if the actor completes a court-approved program that provides information or services intended to help an individual no longer engage in prostitution. (3)