(1) An individual is guilty of patronizing a prostitute when the individual: (a) pays or offers or agrees to pay a prostitute, or an individual the actor believes to be a prostitute, a fee, or the functional equivalent of a fee, for the purpose of engaging in an act of sexual activity; or (b) enters or remains in a place of prostitution for the purpose of engaging in sexual activity.
(a) pays or offers or agrees to pay a prostitute, or an individual the actor believes to be a prostitute, a fee, or the functional equivalent of a fee, for the purpose of engaging in an act of sexual activity; or
(b) enters or remains in a place of prostitution for the purpose of engaging in sexual activity.
(2) Patronizing a prostitute is a class A misdemeanor, except as provided in Subsection (3), (4), or (5) and Section 76-10-1309.
(3) A violation of this section that is preceded by a conviction under this section or a conviction under local ordinance adopted under Section 76-10-1307 is a class A misdemeanor.
(4) A third violation of this section or a local ordinance adopted under Section 76-10-1307 is a third degree felony.
(5) If the patronizing of a prostitute under Subsection (1)(a) involves a child as the other individual, a violation of Subsection (1)(a) is a third degree felony.
(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.
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