Utah Sexual Solicitation Attorney

Soliciting a prostitute, or any act of soliciting sex in Utah can have consequences that could affect you for the rest of your life. Having any sort of sex related crime on your record can affect future jobs, and is a huge blemish on your record. The penalties can include jail time, hefty fines, and a reputation for acts you might have been falsely accused of. Let Weber Law help you today.

WHAT IS SEXUAL SOLICITATION?

Under Utah Code § 76-10-1313:

An individual is guilty of sexual solicitation if they offer or agree to commit any sexual activity with another for a fee, or the functional equivalent of a fee (like a trade). Additionally, can be found guilty if, if the person, pays, offers, or agrees to pay a fee or trade to another to commit any sexual activity, or if the person requests or directs another to engage in any of the following acts:

• Exposure of an individual’s genitals, the buttocks, the anus, the pubic area, or the female breast;
• masturbation;
• touching of an individual’s genitals, the buttocks, the anus, the pubic area, or the female breast; or
• any act of lewdness. 

Intent for sexual solicitation can include any sort of communication regarding a fee or trade for sexual acts that include but are not limited to:

• Sexual intercourse;
• masturbation; and
• touching or exposing of an individual’s genitals, the buttocks, the anus, the pubic area, or the female breast.

Not only could you be charged with sexual solicitation, but there are other charges that could be added on, including an act of lewdness.

What constitutes an act of lewdness? Lewdness includes but is not limited to any act in a public place or under circumstances which the person should know will likely cause affront or alarm to, on, or in the presence of another who is 14 years of age or older, including but not limited to:

• An act of sexual intercourse or sodomy;
• exposes his or her genitals, the female breast, the buttocks, the anus, or the pubic area;
• masturbates; or
• any other act a reasonable person would consider lewd. 

An individual is guilty of Patronizing a Prostitute when the individual “[p]ays, offers, or agrees to pay a prostitute, or an individual the actor believes to be a prostitute, a fee for the purpose of engaging in any type of sexual activity.”

WHAT IS THE PENALTY?

Sexual solicitation and patronizing a prostitute are considered class A misdemeanors in the state of Utah, for the first offense. 

If it is your third conviction for sexual solicitation or patronizing a prostitute, it is considered a third degree felony.

A first or second conviction for the act of lewdness is a class B misdemeanor, unless that person is a sex offender, or has previous convictions. In those instances, it is charged as a third degree felony.

A third degree felony is punishable by up to five years imprisonment and a fine of up to $5,000.00. 

A class A misdemeanor is punishable by up to one-year imprisonment and a fine of up to $1,000.00.

A class B misdemeanor is punishable by up to six months in jail and a fine of up to $1,000.00.

Additionally, if you have a record for sexual solicitation, it could hinder your chances of working in certain places, such as with children, banks or even a charitable organization.

WHAT SHOULD I DO IF I HAVE BEEN CITED WITH SEXUAL SOLICITATION?

It can be a scary and stressful to have pending criminal charges. Weber Law is here to walk you through the process and defend you every step of the way. Weber Law will work to get your citation dismissed or lowered by looking at potential defenses and any evidence associated with the citation. Potential defenses include mistakes, such as not knowing the person was a prostitute, lack of evidence, arguing that there was actually no solicitation occurring, or looking at the police report to see if they had probable cause for an arrest. If you are not sure how to proceed with a ticket, let Weber Law give you the next steps. Let Weber Law help keep your record clean and live your life free of criminal charges. This is not a charge you want to face alone, the court room can be intimidating, and you need someone experienced to fight these charges with you. Let Weber Law take the stress and worry off of you. If you or someone you know have been cited for sexual solicitation or patronizing a prostitute, contact Weber Law today for a consultation.

• Utah Code § 76-10-1313, Sexual solicitation – penalty
• Utah Code § 76-9-702, Lewdness
• Utah Code § 76-10-1303, patronizing a prostitute
• Utah Code § 76-3-204, misdemeanor conviction – term of imprisonment
• Utah Code § 76-3-203, Felony conviction—indeterminate term of imprisonment