Utah Prostitution Charges? | Laws & Your Defense Options

Patronizing a Prostitute in Utah: Understanding the Law and Your Defense Options

If you face charges for patronizing a prostitute in Utah, understanding the legal consequences and how to build a strong defense is crucial. This blog provides essential information on prostitution laws, potential penalties, and what you can do to protect your rights.

Prostitution Stings in Utah

Prostitution stings frequently occur throughout Utah. Law enforcement often deploys undercover female officers to pose as prostitutes and engage with potential clients (commonly known as “Johns”). During these sting operations, officers document the exchange before making an arrest.

Utah Criminal Solicitation and Prostitution Laws

Under Utah Code §76-10-13, prostitution and solicitation are criminalized, with offenses ranging from misdemeanors to felonies, depending on the circumstances. Here are key sections of the statute:

• Patronizing a Prostitute: This crime is classified as a Class A misdemeanor but can escalate to a third-degree felony for repeat offenses.
• Offering Prostitution: Classified as a Class B misdemeanor, this offense can become a Class A misdemeanor.
• Aiding a Prostitute: Commonly referred to as “pimping,” this offense is a Class A misdemeanor but can be enhanced to a third-degree felony.
• Exploiting Prostitution: Also considered “pimping,” this charge carries a third-degree felony classification.

Sexual Solicitation in Utah—Enhanceable Offenses

Similar to DUI, drug-related offenses, and domestic violence, prostitution-related crimes in Utah are “enhanceable.” This means penalties increase with each conviction, raising the stakes for repeat offenders:

• For Prostitutes: Prostitution starts as a Class A misdemeanor, but subsequent convictions lead to more severe penalties.
• For Patrons (Johns): Patronizing a prostitute can escalate to a third-degree felony after multiple offenses.
• For HIV-Positive Individuals: If someone knowingly HIV-positive engages in prostitution, the offense enhances to a third-degree felony (Utah Code §76-10-1309).
• Mandatory HIV Testing: Anyone convicted of a prostitution-related crime must undergo HIV testing before sentencing.

Utah Penalties for Prostitution Crimes

Utah imposes severe penalties for prostitution crimes, often carrying mandatory minimums:

• Mandatory Minimums: Courts must impose the maximum fine without suspension and order defendants to complete a court-approved educational program addressing the effects of prostitution and human trafficking.

Typical prostitution penalties include:

• Class B Misdemeanor: Courts classify first-time prostitution charges as a Class B misdemeanor.
• Class A Misdemeanor: First-time charges for patronizing a prostitute fall under this category.
• Third-Degree Felony: Enhanced charges for repeat offenses of patronizing a prostitute rise to this felony level.
• Second-Degree Felony: Engaging in prostitution with a minor qualifies as a second-degree felony.

Safe Harbor Provisions for Prostitution in Utah

Utah offers specific safe harbor provisions that protect certain individuals from prosecution:

• Reporting Other Crimes: If a person involved in prostitution reports a serious crime (e.g., assault, murder, or rape) at or near the time of their illegal activity, they may receive protection from prosecution. This safeguard applies only to individuals acting as prostitutes, not to clients or others involved.
• Child Victims: Children involved in commercial sex trafficking cannot face delinquency charges for their participation in prostitution.

Need Legal Help? Contact Utah Criminal Defense Attorney Jake Gunter

If you face charges for prostitution or solicitation in Utah, having an experienced attorney on your side is crucial. Jake Gunter, a seasoned criminal defense attorney in Utah, specializes in defending clients against prostitution charges and related offenses.

Call or text Utah Criminal Defense Attorney Jake Gunter today at (801) 373-6345 for a confidential consultation and to discuss your defense options.