Criminal Fines Amendments

15
76-5d-203
76-5d-204
76-5d-206
76-5d-207
76-5d-208
76-5d-210
76-5d-211
0
Criminal Fines Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Calvin R. Musselman
LONG TITLE
General Description:
This bill addresses fines for certain criminal offenses.
Highlighted Provisions:
This bill:
increases the mandatory fine amount that an actor must pay after being convicted of:
patronizing a prostituted individual who is an adult;
exploitation of prostitution;
aggravated exploitation of prostitution;
sexual solicitation by an actor offering compensation to an adult in exchange for
sexual activity; or
sexual solicitation by an actor offering compensation to a child in exchange for sexual
activity;
clarifies that the mandatory fine for the following offenses only applies if the actor is 18
years old or older:
patronizing a prostituted individual who is a child; or
sexual solicitation by an actor offering compensation to a child in exchange for sexual
activity; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5d-203
, as renumbered and amended by Laws of Utah 2025, Chapters 173, 174
76-5d-204
, as enacted by Laws of Utah 2025, Chapter 173
76-5d-206
, as renumbered and amended by Laws of Utah 2025, Chapters 173, 174
76-5d-207
, as renumbered and amended by Laws of Utah 2025, Chapters 173, 174
76-5d-208
, as renumbered and amended by Laws of Utah 2025, Chapters 173, 174
76-5d-210
, as enacted by Laws of Utah 2025, Chapter 173
76-5d-211
, as enacted by Laws of Utah 2025, Chapter 174
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-5d-203
is amended to read:
76-5d-203
. Patronizing a prostituted individual who is an adult.
(1)
Terms defined in Sections
76-1-101.5
,
76-5d-101
, and
76-5d-201
apply to this section.
(2)
An actor commits the offense of patronizing a prostituted individual who is an adult if:
(a)
the actor pays, offers to pay, or agrees to pay an adult prostituted individual, or an
adult individual the actor believes to be a prostituted individual, a fee, or the
functional equivalent of a fee; and
(b)
the payment, offer of payment, or agreement for payment described in Subsection
(2)(a)
is for the purpose of engaging in an act of sexual activity.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a violation of Subsection
(2)
is a class A
misdemeanor
with a mandatory fine of not less than $5,000
.
(b)
A violation of Subsection
(2)
is a third degree felony
with a mandatory fine of not
less than $10,000
if the actor has previously been convicted two or more times of:
(i)
a violation of Subsection
(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
(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)
Upon a conviction for a violation of
this section
Subsection
(2)
, the court shall order:
(a)
the
maximum
imposition of at least the minimum applicable
fine amount
described
in Subsection
(3)

and may not waive or suspend the fine; and
(b)
the actor to pay for and complete a court-approved educational program about the
negative effects on an individual involved with prostitution or human trafficking.
Section 2. Section
76-5d-204
is amended to read:
76-5d-204
. Patronizing a prostituted individual who is a child.
(1)
Terms defined in Sections
76-1-101.5
,
76-5d-101
, and
76-5d-201
apply to this section.
(2)
An actor commits patronizing a prostituted individual who is a child if:
(a)
the actor is 12 years old or older;
(b)
the actor pays, offers to pay, or agrees to pay a prostituted individual, or an
individual the actor believes to be a prostituted individual, a fee, or the functional
equivalent of a fee;
(c)
the payment, offer of payment, or agreement for payment described in Subsection
(2)(b)
is for the purpose of engaging in an act of sexual activity; and
(d)
the prostituted individual, or the individual the actor believes to be a prostituted
individual, described in Subsection
(2)(b)
is:
(i)
a child; or
(ii)
believed by the actor to be a child.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a violation of Subsection
(2)
is a second
degree felony with a mandatory fine of not less than $20,000.
(b)
If the actor is under 18 years old at the time of the offense, a violation of Subsection
(2)
is:
(i)
a third degree felony if:
(A)
the actor is 17 years old and the prostituted individual is 13 years old or
younger; or
(B)
the actor is 16 years old and the prostituted individual is 12 years old or
younger;
(ii)
a class A misdemeanor if:
(A)
the actor is 17 years old and the prostituted individual is 14 years old;
(B)
the actor is 16 years old and the prostituted individual is 13 years old;
(C)
the actor is 15 years old and the prostituted individual is 12 years old or
younger; or
(D)
the actor is 14 years old and the prostituted individual is 11 years old or
younger;
(iii)
a class B misdemeanor if:
(A)
the actor is 17 years old and the prostituted individual is 15 years old;
(B)
the actor is 16 years old and the prostituted individual is 14 years old;
(C)
the actor is 15 years old and the prostituted individual is 13 years old;
(D)
the actor is 14 years old and the prostituted individual is 12 years old;
(E)
the actor is 13 years old and the prostituted individual is 11 years old or
younger; or
(F)
the actor is 12 years old and the prostituted individual is 10 years old or
younger; or
(iv)
a class C misdemeanor if:
(A)
the actor is 17 years old and the prostituted individual is 16 or 17 years old;
(B)
the actor is 16 years old and the prostituted individual is 15 years old or older;
(C)
the actor is 15 years old and the prostituted individual is 14 years old or older;
(D)
the actor is 14 years old and the prostituted individual is 13 years old or older;
(E)
the actor is 13 years old and the prostituted individual is 12 years old or older;
or
(F)
the actor is 12 years old and the prostituted individual is 11 years old or older.
(4)
In accordance with Section
76-2-304.5
, it is not a defense to a prosecution under this
section that the actor mistakenly believed the individual described in Subsection
(2)
to
be 18 years old or older at the time of the offense or was unaware of the individual's true
age.
(5)
If the violation of Subsection
(2)
amounts to an offense that is subject to a greater
penalty under another provision of law, this section does not prohibit prosecution and
sentencing for the more serious offense.
(6)
Upon a conviction for a violation of
this section
Subsection
(2)
, the court shall order:
(a)
if the actor is 18 years old or older at the time of the offense,
the
maximum
imposition of at least the minimum
fine amount
described in Subsection
(3)(a)
and
may not waive or suspend the fine; and
(b)
the actor to pay for and complete a court-approved educational program about the
negative effects on an individual involved with prostitution or human trafficking.
Section 3. Section
76-5d-206
is amended to read:
76-5d-206
. Aiding prostitution.
(1)
Terms defined in Sections
76-1-101.5
,
76-5d-101
, and
76-5d-201
apply to this section.
(2)
An actor commits aiding prostitution if the actor:
(a)
(i)
solicits an individual to patronize a prostituted individual, or to patronize an
individual the actor believes to be a prostituted individual;
(ii)
procures or attempts to procure a prostituted individual, or an individual the actor
believes to be a prostituted individual, for a patron;
(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
(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
(b)
solicits, receives, or agrees to receive a benefit for committing any of the acts
prohibited by Subsection
(2)(a)
.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a violation of Subsection
(2)
is a class A
misdemeanor
with a mandatory fine of not less than $5,000
.
(b)
A violation of Subsection
(2)
is a third degree felony
with a mandatory fine of not
less than $10,000
if the actor has previously been convicted of:
(i)
a violation of Subsection
(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
(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)
Upon a conviction for a violation of
this section
Subsection
(2)
, the court shall order
a
the imposition of at least the applicable minimum
fine
of not less than $10,000
amount
described in Subsection
(3)
and may not waive or suspend the fine.
(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.
Section 4. Section
76-5d-207
is amended to read:
76-5d-207
. Exploitation of prostitution.
(1)
Terms defined in Sections
76-1-101.5
,
76-5d-101
, and
76-5d-201
apply to this section.
(2)
An actor commits exploitation of prostitution if the actor:
(a)
procures an individual for a place of prostitution;
(b)
encourages, induces, or otherwise purposely causes another individual to become or
remain a prostituted individual;
(c)
transports an individual into or within this state with the purpose to promote the
individual's engagement in prostitution;
(d)
procures or pays for an individual's transportation with the purpose of promoting the
individual's engagement in prostitution;
(e)
not being a child or legal dependent of a prostituted individual, shares the proceeds
of prostitution with a prostituted individual, or an individual the actor believes to be a
prostituted individual, pursuant to the actor's and prostituted individual's
understanding that the actor is to share in the proceeds of the prostitution; or
(f)
owns, controls, manages, supervises, or otherwise keeps, alone or in association with
another individual, a place of prostitution or a business where prostitution occurs or
is arranged, encouraged, supported, or promoted.
(3)
A violation of Subsection
(2)
is a third degree felony
with a mandatory fine of not less
than $10,000
.
(4)
Upon a conviction for a violation of this section, the court shall order the
maximum
imposition of at least the minimum
fine amount
described in Subsection
(3)

and may not
waive or suspend the fine.
Section 5. Section
76-5d-208
is amended to read:
76-5d-208
. Aggravated exploitation of prostitution.
(1)
Terms defined in Sections
76-1-101.5
,
76-5d-101
, and
76-5d-201
apply to this section.
(2)
An actor commits aggravated exploitation of prostitution if:
(a)
in committing an act of exploitation of prostitution as described in Section
76-5d-207
,
the actor uses any force, threat, or fear against any individual;
(b)
the individual whom the actor procured, transported, or persuaded or with whom the
actor shares the proceeds of prostitution, is a child or is the spouse of the actor; or
(c)
in the course of committing an act of exploitation of prostitution as described in
Section
76-5d-207
, the actor commits human trafficking or human smuggling in
violation of Section
76-5-308
,
76-5-308.1
,
76-5-308.3
, or
76-5-308.5
.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a violation of Subsection
(2)
is a second
degree felony
with a mandatory fine of not less than $20,000
.
(b)
A violation of Subsection
(2)
is a first degree felony
with a mandatory fine of not
less than $20,000
if the violation involves a child.
(4)
Upon a conviction for a violation of
this section
Subsection
(2)
, the court shall order
the
maximum
imposition of at least the applicable minimum
fine amount
described in
Subsection
(3)

and may not waive or suspend the fine.
Section 6. Section
76-5d-210
is amended to read:
76-5d-210
. Sexual solicitation by an actor offering compensation to an adult in
exchange for sexual activity.
(1)
Terms defined in Sections
76-1-101.5
,
76-5d-101
, and
76-5d-201
apply to this section.
(2)
An actor commits the offense of sexual solicitation by an actor offering compensation in
exchange for sexual activity if the actor:
(a)
pays, offers to pay, or agrees to pay a fee or the functional equivalent of a fee to an
adult to hire the adult to commit any sexual activity; or
(b)
with intent to pay an adult to be hired to commit any sexual activity for a fee or the
functional equivalent of a fee, requests or directs the adult to engage in any of the
following acts:
(i)
exposure or touching of an adult's genitals, buttocks, anus, pubic area, or female
breast below the top of the areola;
(ii)
masturbation; or
(iii)
any act of lewdness.
(3)
A violation of Subsection
(2)
or under a local ordinance adopted in compliance with
Section
76-5d-102
is:
(a)
a class A misdemeanor on a first or second violation
with a mandatory fine of not
less than $5,000
; or
(b)
a third degree felony on a third or subsequent violation
with a mandatory fine of not
less than $10,000
.
(4)
As part of a sentence imposed under Subsection
(3)
, the court shall order the actor to
pay for and complete a court-approved educational program about the negative effects
on an individual involved with prostitution or human trafficking.
(5)
Upon a conviction for a violation of Subsection
(2)
, the court shall order the imposition
of at least the minimum fine amount described in Subsection
(3)
and may not waive or
suspend the fine.
(5)
(6)
The actor's intent to hire an adult to engage in sexual activity for a fee may be
inferred from an actor engaging in, offering or agreeing to engage in, or requesting or
directing another to engage in any of the acts described in Subsection
(2)(b)
under the
totality of the existing circumstances.
(6)
(7)
A prosecutor may not prosecute an actor for a violation of Subsection
(2)
if the
actor engages in a violation of Subsection
(2)
at or near the time the actor witnesses or is
a victim of any of the offenses, or an attempt to commit any of the offenses, described in
Subsection
76-5d-202(4)
, and the actor reports the offense or attempt to law
enforcement in good faith.
Section 7. Section
76-5d-211
is amended to read:
76-5d-211
. Sexual solicitation by an actor offering compensation to a child in
exchange for sexual activity.
(1)
Terms defined in Sections
76-1-101.5
,
76-5d-101
, and
76-5d-201
apply to this section.
(2)
Under circumstances not amounting to an offense described in Subsection
(4)
, an actor
commits the offense of sexual solicitation by an actor offering compensation to a child
in exchange for sexual activity if the actor:
(a)
is 12 years old or older; and
(b)
(i)
pays, offers to pay, or agrees to pay a fee, or the functional equivalent of a fee,
to a child to hire the child to commit any sexual activity; or
(ii)
with intent to pay a child to be hired to commit any sexual activity for a fee, or
the functional equivalent of a fee, requests or directs the child to engage in any of
the following acts:
(A)
exposure or touching of the child's genitals, the buttocks, the anus, the pubic
area, or the female breast below the top of the areola;
(B)
masturbation; or
(C)
any act of lewdness.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a violation of Subsection
(2)
is a second
degree felony
with a mandatory fine of not less than $20,000
.
(b)
If the actor is under 18 years old at the time of the offense, a violation of Subsection
(2)
is:
(i)
a third degree felony if:
(A)
the actor is 17 years old and the child is 13 years old or younger; or
(B)
the actor is 16 years old and the child is 12 years old or younger;
(ii)
a class A misdemeanor if:
(A)
the actor is 17 years old and the child is 14 years old;
(B)
the actor is 16 years old and the child is 13 years old;
(C)
the actor is 15 years old and the child is 12 years old or younger; or
(D)
the actor is 14 years old and the child is 11 years old or younger;
(iii)
a class B misdemeanor if:
(A)
the actor is 17 years old and the child is 15 years old;
(B)
the actor is 16 years old and the child is 14 years old;
(C)
the actor is 15 years old and the child is 13 years old;
(D)
the actor is 14 years old and the child is 12 years old;
(E)
the actor is 13 years old and the child is 11 years old or younger; or
(F)
the actor is 12 years old and the child is 10 years old or younger; or
(iv)
a class C misdemeanor if:
(A)
the actor is 17 years old and the child is 16 or 17 years old;
(B)
the actor is 16 years old and the child is 15 years old or older;
(C)
the actor is 15 years old and the child is 14 years old or older;
(D)
the actor is 14 years old and the child is 13 years old or older;
(E)
the actor is 13 years old and the child is 12 years old or older; or
(F)
the actor is 12 years old and the child is 11 years old or older.
(4)
The offenses referred to in Subsection
(2)
are:
(a)
human trafficking for labor as described in Section
76-5-308
;
(b)
human trafficking for sexual exploitation as described in Section
76-5-308.1
;
(c)
human smuggling as described in Section
76-5-308.3
;
(d)
human trafficking of a child as described in Section
76-5-308.5
;
(e)
aggravated human trafficking as described in Section
76-5-310
; and
(f)
aggravated human smuggling as described in Section
76-5-310.1
.
(5)
Upon a conviction for a violation of Subsection
(2)
, the court shall order, if the actor is
18 years old or older at the time of the offense, the imposition of at least the minimum
fine amount described in Subsection
(3)(a)
and may not waive or suspend the fine.
(5)
(6)
The actor's intent to hire a child to engage in sexual activity for a fee may be
inferred from an actor engaging in, offering or agreeing to engage in, or requesting or
directing another to engage in any of the acts described in Subsection
(2)(b)
under the
totality of the existing circumstances.
(6)
(7)
A prosecutor may not prosecute an actor for a violation of Subsection
(2)
if the
actor engages in a violation of Subsection
(2)
at or near the time the actor witnesses or is
a victim of any of the offenses, or an attempt to commit any of the offenses, described in
Subsection
76-5d-202(4)
, and the actor reports the offense or attempt to law
enforcement in good faith.
(7)
(8)
(a)
Upon encountering a child engaged in commercial sex or sexual solicitation,
a law enforcement officer shall follow the procedure described in Subsection
76-5d-106(2)
.
(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.
Section 8.
Effective Date.
This bill takes effect on
May 6, 2026
.
12-30-25 10:50 AM