Fortunately, Utah does not require individuals convicted of sex solicitation involving oral or anal sex to register as sex offenders, but Louisiana does. The law requiring sex offender registration focuses on sex acts historically associated with homosexuality. The law, which is over 200 years old, is being challenged in Federal court. The law was recently repealed, but that will not remove people from the sex offender registry for prostitution/sex solicitation. Do you think that too many individuals who are not a threat are being placed on the sex offender registry?
Archive for the ‘Prostitution’ Category
In Utah, a pimp would be guilty of aggravated exploitation of a prostitute if:
(a) In committing an act of exploiting prostitution, as defined in section 76-10-1305, he uses any force, threat, or fear against any person; or
(b) The person procured, transported, or persuaded or with whom he shares the proceeds of prostitution is under eighteen years of age or is the wife of the actor
Aggravated exploitation of prostitution is a felony of the second degree, which is punishable by up to 15 years in the Utah State Prison. Many alleged pimps and prostitute advertise on the internet through sites like backpage.com. Because of the ability to obtain customers through the internet many pimps and prostitute travel throughout the United States, moving from city to city and State to State. This is referred to as “riding the circuit”. Many Utah prosecutor take the attitude that they want the State of Utah to be the harshest on pimps and prostitutes as a way to discourage them from conducting business in Utah. Thus, if charged with a prostitution offense in the State of Utah, you should contact a Utah criminal defense attorney with experience with prostitution and sex solicitation offenses.
Most Utah residents are aware of the fact that prostitution is illegal in the state of Utah. Please remember that prostitution is illegal before you contact the local police to complain about the hired talent’s lack of performance. This was true for a Columbian man who complained to local police officers that one of the two prostitutes he hired, refused to give him oral sex. The man claimed that “he offered two women $60 for one of them to show him her chest and for the other to perform oral sex on him”(Columbian Tribune) but the latter event never took place. He was arrested on suspicion of patronizing prostitutes.
Utahns should beware of video vigilantes who film alleged prostitution/sex solicitation encounter and then upload those videos on You Tube. Many You Tube videos document alleged sex transactions and are designed to embarrass and frustrate the participants. Below is an example of a sex solicitation/prostitution vigilante video:
Police responded to a call from a father stating that he caught his twelve year old daughter on the street corner prostituting. Police later found out that the father was an apparent “crack head that stole drugs from his daughter”click here to read more. The mother of the twelve year old girl taught her how to prostitute. A month prior to this call the girl was placed in foster care but ran away after the first day. Officers were ordered to contact Protective Services because the foster parents only gave mere excuses as to why they wouldn’t come pick her up. Hopefully she will be in a happy home before the Holidays.
The FBI announced a nationwide crackdown on sex exploitation of children, sixty-nine prostitutes ages 12 to 17 were found. F.B.I. spokesman, Jason Pack, said 99 pimp suspects were arrested in 40 cities across 30 states and the District of Columbia, while 785 other adults were arrested on a variety of state and local charges. (Associated Press).
What does this mean for Utah? Utah County in particular has seen its fair share of childhood prostitution as KSL reported in September of this year but it hasn’t yet been reported if Utah was one of the 30 states involved in this bust. In Utah, if a john/prostitution customer has consensual sex with an underage prostitute, then that john/customer could be charged with First Degree Felony Aggravated Sexual Abuse of a Child. Aggravated Sexual Abuse of a Child is punishable for up to life in prison and if the convicted person is lucky enough to be released after a long prison sentence, then they would be required to register as a sex offender for the rest of their life.
The following is an example of a Salt Lake City Police Prostitution Sting Operation.
Backpage.com has become a popular site for Utah men and women to find sex workers online to fulfill their needs. It also may be a target of undercover police looking to arrest prostitutes. Users must sign a disclaimer upon choosing the “escort” category, part of which states: This section contains sexual content, including pictorial nudity and adult language. It is to be accessed only by persons who are 18 years of age or older . . . A false representation may be a criminal offense. Which clearly explains the adult activity involved. In addition, ads stating such things as sexual techniques, listing body measurements, posting graphic pictures, and detailing prices really highlight the sex work involved to the police searching the internet for such things. Although many Utahns use the internet to find a prostitute, the sites are still policed by a few undercover cops in which the sex workers must diligently watch for.
Sex workers do not have a legal source of income, something that makes filing for income taxes quite difficult. However, there are strong incentives for Utah sex workers to file taxes. A person, whether in Utah or any other state, needs a credit history to get a credit card, insurance, a loan, etc . . . To build a credit history one needs to prove a viable source of income, something that would be reported on yearly income taxes. Furthermore, penalties in Utah and the USA are much more serious for tax evasion then for prostitution. The first problem a sex worker would encounter when filling out their tax forms would be the line for listing their profession. Perhaps the sex workers could file under 711510 (independent artists, writers and performers), or under the number for amusement and recreation services, or under “other personal services”. If a Utah sex worker has earned a professional license or degree they could possibly file under a profession related to their degree or certification. It could be argued that the 5th Amendment allows a prostitute to leave the profession line on tax forms blank, or to provide another answer, due to one’s privilege against self-incrimination. Perhaps of aid to Utah sex workers is the fact that the IRS cannot legally disclose tax returns to law enforcement unless the individual is already under investigation. The opposite is not true; law enforcement officials can inform the IRS when they are accusing a Utah sex worker or other criminal of violating tax laws.
(IRS Circular 230 Legend: Any advice contained herein was not intended or written to be used, and cannot be used, for the purpose of avoiding U.S. federal, state, or local tax penalties. Unless otherwise specifically indicated above, you should assume that any statement in this ‘blog’ relating to any U.S. federal, state, or local tax matter was written in connection with the promotion or marketing by other parties of the transaction(s) or matter(s) addressed in this ‘blog’. Each taxpayer should seek advice based on the taxpayer’s particular circumstances from an independent tax advisor.)