Full text of Utah Utah Code § 5d-104 — Notice to a convicted individual of HIV positive test results., with citation guidance and answers to common questions.
§ 5d-104. Notice to a convicted individual of HIV positive test results.
Effective 5/7/2025
76-5d-104.
Notice to a convicted individual of HIV positive test results.
| (1) | An individual convicted under Section 76-5d-202, 76-5d-203, 76-5d-204, 76-5d-205, 76-5d-209, 76-5d-210, or 76-5d-211 who has tested positive for the HIV infection shall be notified of the test results in person by:
| (a) | the local law enforcement agency; |
| (b) | the Department of Corrections, for an individual confined in a state prison; |
| (c) | the Department of Health and Human Services; or |
| (d) | an authorized representative of an agency listed in Subsections (1)(a) through (c). |
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| (2) | The notice described in Subsection (1) shall contain the signature of the HIV positive individual, indicating the individual's receipt of the notice, the name and signature of the individual providing the notice, and:
| (b) | the positive test results; |
| (c) | the name of the HIV positive individual; and |
| (d) | the following language:
"An individual who has been convicted of engaging in prostitution under Section 76-5d-202, patronizing a prostituted individual who is an adult under Section 76-5d-203, patronizing a prostituted individual who is a child under Section 76-5d-204, entering or remaining in a place of prostitution under Section 76-5d-205, sexual solicitation by an actor offering to engage in sexual activity for compensation under Section 76-5d-209, sexual solicitation by an actor offering compensation to an adult in exchange for sexual activity under Section 76-5d-210, or sexual solicitation by an actor offering compensation to a child in exchange for sexual activity under Section 76-5d-211, after being tested and diagnosed as an HIV positive individual and either had actual knowledge that the individual is an HIV positive individual or the individual has previously been convicted of any of the criminal offenses listed above is guilty of a third degree felony under Section 76-5d-212." |
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| (3) | Failure to provide the notice described in Subsection (1), or to provide the notice in the manner or form prescribed under this section, does not:
| (a) | create any civil liability; or |
| (b) | create a defense to a prosecution under this chapter. |
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Renumbered and Amended by Chapter
173, 2025 General Session
Renumbered and Amended by Chapter
174, 2025 General Session
Frequently Asked Questions About Utah § 5d-104
What does Utah Code § 5d-104 cover?
Section 5d-104 ("Notice to a convicted individual of HIV positive test results.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 5d-104?
A common citation format is "Utah Code § 5d-104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 5d-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
