An actor commits patronizing a prostituted individual who is a child if:
(a)
the actor is 12 years old or older;
(b)
the actor pays, offers to pay, or agrees to pay a prostituted individual, or an individual the actor believes to be a prostituted individual, a fee, or the functional equivalent of a fee;
(c)
the payment, offer of payment, or agreement for payment described in Subsection (2)(b) is for the purpose of engaging in an act of sexual activity; and
(d)
the prostituted individual, or the individual the actor believes to be a prostituted individual, described in Subsection (2)(b) is:
(i)
a child; or
(ii)
believed by the actor to be a child.
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2) is a second degree felony with a mandatory fine of not less than $20,000.
(b)
If the actor is under 18 years old at the time of the offense, a violation of Subsection (2) is:
(i)
a third degree felony if:
(A)
the actor is 17 years old and the prostituted individual is 13 years old or younger; or
(B)
the actor is 16 years old and the prostituted individual is 12 years old or younger;
(ii)
a class A misdemeanor if:
(A)
the actor is 17 years old and the prostituted individual is 14 years old;
(B)
the actor is 16 years old and the prostituted individual is 13 years old;
(C)
the actor is 15 years old and the prostituted individual is 12 years old or younger; or
(D)
the actor is 14 years old and the prostituted individual is 11 years old or younger;
(iii)
a class B misdemeanor if:
(A)
the actor is 17 years old and the prostituted individual is 15 years old;
(B)
the actor is 16 years old and the prostituted individual is 14 years old;
(C)
the actor is 15 years old and the prostituted individual is 13 years old;
(D)
the actor is 14 years old and the prostituted individual is 12 years old;
(E)
the actor is 13 years old and the prostituted individual is 11 years old or younger; or
(F)
the actor is 12 years old and the prostituted individual is 10 years old or younger; or
(iv)
a class C misdemeanor if:
(A)
the actor is 17 years old and the prostituted individual is 16 or 17 years old;
(B)
the actor is 16 years old and the prostituted individual is 15 years old or older;
(C)
the actor is 15 years old and the prostituted individual is 14 years old or older;
(D)
the actor is 14 years old and the prostituted individual is 13 years old or older;
(E)
the actor is 13 years old and the prostituted individual is 12 years old or older; or
(F)
the actor is 12 years old and the prostituted individual is 11 years old or older.
(4)
In accordance with Section 76-2-304.5, it is not a defense to a prosecution under this section that the actor mistakenly believed the individual described in Subsection (2) to be 18 years old or older at the time of the offense or was unaware of the individual's true age.
(5)
If the violation of Subsection (2) amounts to an offense that is subject to a greater penalty under another provision of law, this section does not prohibit prosecution and sentencing for the more serious offense.
(6)
Upon a conviction for a violation of this section, the court shall order:
(a)
the maximum fine amount and may not waive or suspend the fine; and
(b)
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.
Section 5d-204 ("Patronizing a prostituted individual who is a child.") 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-204?
A common citation format is "Utah Code § 5d-204" (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-204 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.
