(1) An individual is guilty of sexual solicitation when the individual: (a) offers or agrees to commit any sexual activity with another individual for a fee, or the functional equivalent of a fee; (b) pays or offers or agrees to pay a fee or the functional equivalent of a fee to another individual to commit any sexual activity; or (c) with intent to engage in sexual activity for a fee or the functional equivalent of a fee or to pay another individual to commit any sexual activity for a fee or the functional equivalent of a fee engages in, offers or agrees to engage in, or requests or directs another to engage in any of the following acts: (i) exposure of an individual's genitals, the buttocks, the anus, the pubic area, or the female breast below the top of the areola; (ii) masturbation; (iii) touching of an individual's genitals, the buttocks, the anus, the pubic area, or the female breast; or (iv) any act of lewdness.

(a) offers or agrees to commit any sexual activity with another individual for a fee, or the functional equivalent of a fee;

(b) pays or offers or agrees to pay a fee or the functional equivalent of a fee to another individual to commit any sexual activity; or

(c) with intent to engage in sexual activity for a fee or the functional equivalent of a fee or to pay another individual to commit any sexual activity for a fee or the functional equivalent of a fee engages in, offers or agrees to engage in, or requests or directs another to engage in any of the following acts: (i) exposure of an individual's genitals, the buttocks, the anus, the pubic area, or the female breast below the top of the areola; (ii) masturbation; (iii) touching of an individual's genitals, the buttocks, the anus, the pubic area, or the female breast; or (iv) any act of lewdness.

(i) exposure of an individual's genitals, the buttocks, the anus, the pubic area, or the female breast below the top of the areola;

(ii) masturbation;

(iii) touching of an individual's genitals, the buttocks, the anus, the pubic area, or the female breast; or

(iv) any act of lewdness.

(2) An intent to engage in sexual activity for a fee may be inferred from an individual's engaging in, offering or agreeing to engage in, or requesting or directing another to engage in any of the acts described in Subsection (1)(c) under the totality of the existing circumstances.

(3) Except as provided in Section 76-10-1309 and Subsections (4) and (5), an individual who is convicted of sexual solicitation under this section or under a local ordinance adopted in compliance with Section 76-10-1307 is guilty of a class A misdemeanor.

(4) An individual who is convicted a third time under this section or a local ordinance adopted in compliance with Section 76-10-1307 is guilty of a third degree felony.

(5) If an individual commits an act of sexual solicitation and the individual solicited is a child, the offense is a third degree felony if the solicitation does not amount to: (a) a violation of Section 76-5-308, human trafficking or human smuggling; or (b) a violation of Section 76-5-310, aggravated human trafficking or aggravated human smuggling.

(a) a violation of Section 76-5-308, human trafficking or human smuggling; or

(b) a violation of Section 76-5-310, aggravated human trafficking or aggravated human smuggling.

(6) Upon encountering a child engaged in commercial sex or sexual solicitation, a law enforcement officer shall follow the procedure described in Subsection 76-10-1302(3)(b). A child engaged in commercial sex or sexual solicitation shall be referred to the Division of Child and Family Services for services and may not be subjected to delinquency proceedings.

(7) 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 offenses or an attempt to commit any of the offenses described in Subsection 76-10-1302(5), and the individual reports the offense or attempt to law enforcement in good faith.