Utah § 5d-202 - Engaging in prostitution.

Full text of Utah Utah Code § 5d-202 — Engaging in prostitution., with citation guidance and answers to common questions.

§ 5d-202. Engaging in prostitution.

Effective 5/6/2026
76-5d-202.  Engaging in prostitution.
(1)Terms defined in Sections 76-1-101.5, 76-5d-101, and 76-5d-201 apply to this section.
(2)An actor commits the offense of engaging in prostitution if the actor:
(a)is 18 years old or older; and
(b)engages in sexual activity with another individual in exchange for receiving a fee, or the functional equivalent of a fee.
(3)
(a)Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
(b)A violation of Subsection (2) is a class A misdemeanor if the actor has previously been convicted of:
(i)a violation of Subsection (2);
(ii)a local ordinance adopted in accordance with Section 76-5d-102 addressing the same or similar type of violation to the violation described in Subsection (2); or
(iii)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 Subsection (2) if the actor engages in a violation of Subsection (2) at 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:
(a)assault as described in Section 76-5-102;
(b)aggravated assault as described in Section 76-5-103;
(c)mayhem as described in Section 76-5-105;
(d)aggravated murder, murder, manslaughter, negligent homicide, child abuse homicide, or homicide by assault as described in Chapter 5, Part 2, Criminal Homicide;
(e)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;
(f)rape as described in Section 76-5-402;
(g)rape of a child as described in Section 76-5-402.1;
(h)object rape as described in Section 76-5-402.2;
(i)object rape of a child as described in Section 76-5-402.3;
(j)forcible sodomy as described in Section 76-5-403;
(k)sodomy on a child as described in Section 76-5-403.1;
(l)forcible sexual abuse as described in Section 76-5-404;
(m)sexual abuse of a child as described in Section 76-5-404.1, or aggravated sexual abuse of a child, Section 76-5-404.3;
(n)aggravated sexual assault as described in Section 76-5-405;
(o)sexual exploitation of a minor as described in Section 76-5b-201;
(p)aggravated sexual exploitation of a minor as described in Section 76-5b-201.1;
(q)sexual exploitation of a vulnerable adult as described in Section 76-5b-202;
(r)possession of apparent child sexual abuse material as described in Section 76-5b-207;
(s)distribution of apparent child sexual abuse material as described in Section 76-5b-208;
(t)unlawful activity regarding obscene material depicting the sexual abuse of a minor as described in Section 76-5b-209;
(u)burglary of a dwelling as described in Subsection 76-6-202(3)(b);
(v)aggravated burglary as described in Section 76-6-203;
(w)robbery as described in Section 76-6-301;
(x)aggravated robbery as described in Section 76-6-302; or
(y)theft by extortion as described in Section 76-6-406 under the circumstances described in Subsection 76-6-406(1)(a)(i) or (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.


Amended by Chapter 358, 2026 General Session

Frequently Asked Questions About Utah § 5d-202

What does Utah Code § 5d-202 cover?

Section 5d-202 ("Engaging in prostitution.") 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-202?

A common citation format is "Utah Code § 5d-202" (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-202 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.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.