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 The law was recently repealed, but that will not remove people from the sex offender registry for prostitution/sex solicitation.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?
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.