76-5d-210. Sexual solicitation by an actor offering compensation to an adult in exchange for sexual activity.
(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 compensation in exchange for sexual activity if the actor: pays, offers to pay, or agrees to pay a fee or the functional equivalent of a fee to an adult to hire the adult to commit any sexual activity; or with intent to pay an adult to be hired to commit any sexual activity for a fee or the functional equivalent of a fee, requests or directs the adult to engage in any of the following acts: exposure or touching of an adult'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 A misdemeanor on a first or second violation; or a third degree felony on a third or subsequent violation.
(4) As part of a sentence imposed under Subsection, the court shall order the actor to pay for and complete a court-approved educational program about the negative effects on an individual involved with prostitution or human trafficking. (3)
(5) The actor's intent to hire an adult 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)
(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)