(1) 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.

(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.

(2) (a) Except as provided in Subsection (2)(b) and Section 76-10-1309, prostitution is a class B misdemeanor. (b) Except as provided in Section 76-10-1309, an individual who is convicted a second time, and on all subsequent convictions, of a subsequent offense of prostitution under this section or under a local ordinance adopted in compliance with Section 76-10-1307, is guilty of a class A misdemeanor.

(a) Except as provided in Subsection (2)(b) and Section 76-10-1309, prostitution is a class B misdemeanor.

(b) Except as provided in Section 76-10-1309, an individual who is convicted a second time, and on all subsequent convictions, of a subsequent offense of prostitution under this section or under a local ordinance adopted in compliance with Section 76-10-1307, is guilty of a class A misdemeanor.

(3) (a) As used in this Subsection (3): (i) "Child" means the same as that term is defined in Section 76-10-1301. (ii) "Child engaged in commercial sex" means a child who engages in conduct described in Subsection (1). (iii) "Child engaged in sexual solicitation" means a child who offers or agrees to commit or engage in any sexual activity with another person for a fee or the functional equivalent of a fee under Subsection 76-10-1313(1)(a) or (c). (iv) "Division" means the Division of Child and Family Services created in Section 62A-4a-103. (v) "Receiving center" means the same as that term is defined in Section 62A-7-101. (b) Upon encountering a child engaged in commercial sex or sexual solicitation, a law enforcement officer shall: (i) conduct an investigation regarding possible human trafficking of the child pursuant to Sections 76-5-308 and 76-5-308.5; (ii) refer the child to the division; (iii) bring the child to a receiving center, if available; and (iv) contact the child's parent or guardian, if practicable. (c) When law enforcement refers a child to the division under Subsection (3)(b)(ii) the division shall provide services to the child under Title 62A, Chapter 4a, Child and Family Services.

(a) As used in this Subsection (3): (i) "Child" means the same as that term is defined in Section 76-10-1301. (ii) "Child engaged in commercial sex" means a child who engages in conduct described in Subsection (1). (iii) "Child engaged in sexual solicitation" means a child who offers or agrees to commit or engage in any sexual activity with another person for a fee or the functional equivalent of a fee under Subsection 76-10-1313(1)(a) or (c). (iv) "Division" means the Division of Child and Family Services created in Section 62A-4a-103. (v) "Receiving center" means the same as that term is defined in Section 62A-7-101.

(i) "Child" means the same as that term is defined in Section 76-10-1301.

(ii) "Child engaged in commercial sex" means a child who engages in conduct described in Subsection (1).

(iii) "Child engaged in sexual solicitation" means a child who offers or agrees to commit or engage in any sexual activity with another person for a fee or the functional equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).

(iv) "Division" means the Division of Child and Family Services created in Section 62A-4a-103.

(v) "Receiving center" means the same as that term is defined in Section 62A-7-101.

(b) Upon encountering a child engaged in commercial sex or sexual solicitation, a law enforcement officer shall: (i) conduct an investigation regarding possible human trafficking of the child pursuant to Sections 76-5-308 and 76-5-308.5; (ii) refer the child to the division; (iii) bring the child to a receiving center, if available; and (iv) contact the child's parent or guardian, if practicable.

(i) conduct an investigation regarding possible human trafficking of the child pursuant to Sections 76-5-308 and 76-5-308.5;

(ii) refer the child to the division;

(iii) bring the child to a receiving center, if available; and

(iv) contact the child's parent or guardian, if practicable.

(c) When law enforcement refers a child to the division under Subsection (3)(b)(ii) the division shall provide services to the child under Title 62A, Chapter 4a, Child and Family Services.

(4) A child may not be subjected to delinquency proceedings under Title 62A, Chapter 7, Juvenile Justice Services, and Section 78A-6-601 through Section 78A-6-704.

(5) A prosecutor may not prosecute an individual for a violation of Subsection (1) if the individual engages in a violation of Subsection (1) at or near the time the individual witnesses or is a victim of any of the following offenses, or an attempt to commit any of the following offenses, and the individual reports the offense or attempt to law enforcement in good faith: (a) assault, Section 76-5-102; (b) aggravated assault, Section 76-5-103; (c) mayhem, Section 76-5-105; (d) aggravated murder, murder, manslaughter, negligent homicide, child abuse homicide, or homicide by assault under Title 76, 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 under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling; (f) rape, Section 76-5-402; (g) rape of a child, Section 76-5-402.1; (h) object rape, Section 76-5-402.2; (i) object rape of a child, Section 76-5-402.3; (j) forcible sodomy, Section 76-5-403; (k) sodomy on a child, Section 76-5-403.1; (l) forcible sexual abuse, Section 76-5-404; (m) aggravated sexual abuse of a child or sexual abuse of a child, Section 76-5-404.1; (n) aggravated sexual assault, Section 76-5-405; (o) sexual exploitation of a minor, Section 76-5b-201; (p) sexual exploitation of a vulnerable adult, Section 76-5b-202; (q) aggravated burglary or burglary of a dwelling under Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass; (r) aggravated robbery or robbery under Title 76, Chapter 6, Part 3, Robbery; or (s) theft by extortion under Subsection 76-6-406(2)(a) or (b).

(a) assault, Section 76-5-102;

(b) aggravated assault, Section 76-5-103;

(c) mayhem, Section 76-5-105;

(d) aggravated murder, murder, manslaughter, negligent homicide, child abuse homicide, or homicide by assault under Title 76, 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 under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;

(f) rape, Section 76-5-402;

(g) rape of a child, Section 76-5-402.1;

(h) object rape, Section 76-5-402.2;

(i) object rape of a child, Section 76-5-402.3;

(j) forcible sodomy, Section 76-5-403;

(k) sodomy on a child, Section 76-5-403.1;

(l) forcible sexual abuse, Section 76-5-404;

(m) aggravated sexual abuse of a child or sexual abuse of a child, Section 76-5-404.1;

(n) aggravated sexual assault, Section 76-5-405;

(o) sexual exploitation of a minor, Section 76-5b-201;

(p) sexual exploitation of a vulnerable adult, Section 76-5b-202;

(q) aggravated burglary or burglary of a dwelling under Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;

(r) aggravated robbery or robbery under Title 76, Chapter 6, Part 3, Robbery; or

(s) theft by extortion under Subsection 76-6-406(2)(a) or (b).