1. (1) Terms defined in Sections 76-1-101.5, 76-5d-101, and 76-5d-201 apply to this section.

2. (2) An actor commits aiding prostitution if the actor:

   1. (a)

      1. (i) solicits an individual to patronize a prostituted individual, or to patronize an individual the actor believes to be a prostituted individual;
      2. (ii) procures or attempts to procure a prostituted individual, or an individual the actor believes to be a prostituted individual, for a patron;
      3. (iii) leases, operates, or otherwise permits a place controlled by the actor, alone or in association with another individual, to be used for prostitution or the promotion of prostitution; or
      4. (iv) provides a service or commits an act that enables another individual to commit a violation of this Subsection (2) or facilitates another individual's ability to commit a violation of this Subsection (2); or
   2. (b) solicits, receives, or agrees to receive a benefit for committing any of the acts prohibited by Subsection (2)(a).

3. (3)

   1. (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.

   2. (b) A violation of Subsection (2) is a third degree felony if the actor has previously been convicted of:

      1. (i) a violation of Subsection (2);
      2. (ii) a local ordinance adopted in accordance with Section 76-5d-102 addressing the same or similar type of violation to the violation described in Subsection (2); or
      3. (iii) a criminal violation in another jurisdiction, including a state, federal, or military court, that is substantially equivalent to the violation described in Subsection (2).
4. (4) Upon a conviction for a violation of this section, the court shall order a fine of not less than $10,000 and may not waive or suspend the fine.
5. (5) A violation under this section that is a class A misdemeanor may be prosecuted by an attorney of a city or a town as well as by prosecutors authorized in the code to prosecute a violation under this section.

Renumbered and Amended by Chapter 173, 2025 General Session