Utah Code 10-8-41.5. Regulation of sexually oriented business
Current as of: 2024 | Check for updates
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(1) As used in this section:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 10-8-41.5
- Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
- Municipality: means :(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section
10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
(1)(a) “Adult service” means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening, or other performances or activities conducted by a nude or partially denuded individual for compensation.(1)(b) “Compensation” means:(1)(b)(i) a salary;(1)(b)(ii) a fee;(1)(b)(iii) a commission;(1)(b)(iv) employment;(1)(b)(v) a profit; or(1)(b)(vi) other pecuniary gain.(1)(c)(1)(c)(i) “Escort” means a person who, for compensation, dates, socializes with, visits, consorts with, or accompanies another, or offers to date, consort with, socialize with, visit, or accompany another:(1)(c)(i)(A) to a social affair, entertainment, or a place of amusement; or(1)(c)(i)(B) within a place of public or private resort, a business or commercial establishment, or a private quarter.(1)(c)(ii) “Escort” does not mean a person who provides business or personal services, including:(1)(c)(ii)(A) a licensed private nurse;(1)(c)(ii)(B) an aide for the elderly or a person with a disability;(1)(c)(ii)(C) a social secretary or similar service personnel whose relationship with a patron is characterized by a contractual relationship having a duration of 12 hours or more and who provides a service not principally characterized as dating or socializing; or(1)(c)(ii)(D) a person who provides services such as singing telegrams, birthday greetings, or similar activities that are characterized by an appearance in a public place, contracted for by a party other than the person for whom the service is being performed, and of a duration not to exceed one hour.(1)(d) “Escort service” means any person who furnishes or arranges for an escort to accompany another individual for compensation.(1)(e) “Nude or partially denuded individual” means an individual with any of the following less than completely and opaquely covered:(1)(e)(i) genitals;(1)(e)(ii) the pubic region; or(1)(e)(iii) a female breast below a point immediately above the top of the areola.(1)(f)(1)(f)(i) “Sexually oriented business” means a business at which any nude or partially denuded individual, regardless of whether the nude or partially denuded individual is an employee of the sexually oriented business or an independent contractor, performs any service for compensation.(1)(f)(ii) “Sexually oriented business” includes:(1)(f)(ii)(A) an escort service; or(1)(f)(ii)(B) an adult service.
(2) A person employed in a sexually oriented business may not work in a municipality if:
(2)(a) the municipality requires that a person employed in a sexually oriented business obtain an individual license; and
(2)(b) the person has not obtained an individual license from the municipality.
(3) A business entity that conducts a sexually oriented business may not conduct business in a municipality if:
(3)(a) the municipality requires that a sexually oriented business obtain a license; and
(3)(b) the business entity has not obtained a license from the municipality.
(4)
(4)(a) A violation of this section by an individual who is at least 18 years old is a class A misdemeanor.
(4)(b) A person charged under this section may not also be charged under Section 76-10-1302.