Have you been caught up in a Utah prostitution sting? Have you been charged with allegedly offering sexual services for money, or asking for sex for money? Our Utah prostitution and solicitation criminal defense attorneys can help. Call (801) 373-6345 for a free consultation regarding your criminal prostitution charges. provocriminaldefense.com
Utah Prostitution Criminal Defense Law Firm
Asking for sexual activity from a prostitute is called “Patronizing a Prostitute” under Utah law. This is where the person wanting the sexual activity pays the prostitute for sex acts. Utah’s Patronizing a Prostitute Statute is found at Utah Code Ann. 76-10-1303 (2018).
The Utah penalty for using a prostitution service is a Class A Misdemeanor for the first offense. A third violation of hiring a prostitute is a Third Degree Felony. Any fine imposed under the criminal code section for hiring a prostitute requires the court to impose the maximum fine. Requiring the max fine is an unusual provision.
Utah Code Ann. 76-10-1303(6) (2018) reads:
“(6) Upon a conviction for a violation of this section, the court shall order the maximum fine amount and may not waive or suspend the fine.”
First time offender with Utah prostitution charges?
FIRST TIME OFFENDER? CHARGED WITH SOLICITING A UTAH PROSTITUTE? WE HAVE SOLUTIONS.
Utah prostitution laws are enhanceable offenses. Meaning that prior prostitution convictions may be used against you to enhance the severity of your current alleged offense. Many drug charges are like this. See this article on enhanceable drug charges and appropriate look back window.
Often, an experienced Utah prostitution defense attorney can obtain first time offender results. Such as a diversion or plea in abeyance. Generally, these solutions are only available for first time offenders, but should be looked at for subsequent offenders when the evidence is weak or non-existent. See this article on pleas in abeyance.
UTAH AIDING PROSTITUTION CRIMINAL DEFENSE.
In the next section you will notice that being caught as the prostitute is a lower offense, a Class
B Misdemeanor, and there is no mandatory fine. Presumably, the Utah Legislature wished to penalize the user of prostitution services more aggressively than the prostitute sex worker themselves. As with most of the Utah Criminal Code, child prostitution is treated separately, generally more aggressively and has special provisions and penalties for the child prostitutes and offenders.
CRIMINAL PENALTIES FOR CONVICTIONS OF PROSTITUTION.
Being convicted of Utah criminal prostitution carries a Class B Misdemeanor and is an enhanceable offense. Utah Code Ann. 76-10-1302 (2018) defines criminal prostitution to mean:
An individual is guilty of prostitution when the individual:
(a) engages, offers, or agrees to engage in any sexual activity with another individual for a fee, or the functional equivalent of a fee;
(b) takes steps in arranging a meeting through any form of advertising, agreeing to meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee or the functional equivalent of a fee; or
(c) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.
Prostitution is enhanceable because any second or subsequent offense is charged as a Class A Misdemeanor.
Want to read more? See the entire Utah Prostitution Law HERE—-Utah’s Prostitution Criminal Code
Commonly known as Pimping, the Utah criminal code criminalizes individuals who exploit prostitutes. Aggravated exploitation of a prostitute occurs when the unlawful use of force or a weapon is used.
Utah Code Ann. 76-10-1305 (2018). Exploiting prostitution.
(1) A person is guilty of exploiting prostitution if the person:
(a) procures a person for a place of prostitution;
(b) encourages, induces, or otherwise purposely causes another to become or remain a prostitute;
(c) transports a person into or within this state with a purpose to promote that person’s engaging in prostitution or procuring or paying for transportation with that purpose;
(d) not being a child or legal dependent of a prostitute, shares the proceeds of prostitution with a prostitute pursuant to their understanding that he is to share therein; or
(e) owns, controls, manages, supervises, or otherwise keeps, alone or in association with another, a place of prostitution or a business where prostitution occurs or is arranged, encouraged, supported, or promoted.
(2) Exploiting prostitution is a felony of the third degree.
SPECIAL HIV PROVISIONS FOR UTAH PROSTITUTION CHARGES.
Special and increased penalties and fines occur when the prostitute, the person seeking sexual services or solicitation services is HIV positive and knows they are HIV positive at the time of the activity. This can be proven with an actual notice of being infected with HIV or from a prior conviction of being HIV positive.
Provo based criminal defense lawyer Jake Gunter. Free consults.
UTAH CRIMINAL DEFENSES AGAINST UTAH PROSTITUTION CHARGES.
Prostitution Entrapment Stings
The defense of criminal entrapment is where the government, or a person directed by or acting in cooperation with the government induces the commission of an offense in order to obtain evidence of the commission for prosecution by methods creating a substantial risk that the offense would be committed by one not otherwise ready to commit it.
Prostitution Mistake of Facts
Responding to offers of companionship or dates from women is not a crime. You must specifically be patronizing the prostitute or asking for sexual activity for money that constitutes the crime. Any lack of exchange of money for sexual services makes the government’s case more difficult to prove, as the matter could be a consensual encounter. The government must also prove you intended to engage in prostitution services. Any lack of intent undermines the prosecution’s case.
Insufficient/Not Credible Evidence
The actors involved in prostitution often have large criminal records where their credibility in front of the jury can be a major issue to securing a conviction. Further, the police do not always record the conversations that may be needed to show that offer and acceptance of sex for money actually occurred. Or, the exact words were not spoken, but inferred by the undercover sting officer.
A mutual agreement must be proven beyond a reasonable doubt. Any lack of mutual agreement is not sufficient to convict for prostitution in Utah.
UTAH PROSTITUTION DEFENSE ATTORNEYS.
Call Utah criminal defense attorney Jake Gunter for a free consultation at (801) 373-6345 for a free, confidential consultation regarding your Utah prostitution criminal charges.
