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Terms Used In Utah Code 63G-31-302

  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Changing room: includes :
              (1)(b)(i) a dressing room, fitting room, locker room, or shower room; and
              (1)(b)(ii) a restroom when a changing room contains or is attached to the restroom. See Utah Code 63G-31-101
  • Dependent: A person dependent for support upon another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facility: includes a subset of a publicly owned or controlled building, structure, or other improvement, including a restroom or locker room. See Utah Code 63G-31-101
  • Government entity: means :
         (3)(a) the state; or
         (3)(b) any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, including:
              (3)(b)(i) a state institution of higher education as defined in Section 53B-2-101; or
              (3)(b)(ii) a local education agency as defined in Section 53G-7-401. See Utah Code 63G-31-101
  • Intersex individual: means the same as that term is defined in Section 26B-8-101. See Utah Code 63G-31-101
  • Open to the general public: means that a privacy space is:
              (6)(a)(i) freely accessible to a member of the general public;
              (6)(a)(ii) accessible to an individual who has purchased a ticket, paid an entry fee, paid a membership fee, or otherwise paid to access the facility containing the relevant privacy space; or
              (6)(a)(iii) accessible to a student of an institution of higher education described in Section 52B-2-101, either freely or as described in Subsection (6)(a)(ii). See Utah Code 63G-31-101
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
         (34)(a) sex and reproductive organ anatomy;
         (34)(b) chromosomal makeup; and
         (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
  • Sex-designated: means that a facility, program, or event is designated specifically for males or females and not the opposite sex. See Utah Code 63G-31-101
  • Single-occupant: means , in relation to a single-occupant facility or privacy space, that the facility or privacy space:
         (11)(a) has floor-to-ceiling walls;
         (11)(b) has an entirely encased and locking door; and
         (11)(c) is designated for single occupancy. See Utah Code 63G-31-101
  • Unisex: means , in relation to a unisex facility or privacy space, that the facility or privacy space:
         (12)(a) is designated for the use of both sexes; or
         (12)(b) is not sex-designated. See Utah Code 63G-31-101
     (1)(a) Except as provided in Subsection (1)(b), to preserve the individual privacy of males and females, an individual may only access an operational sex-designated changing room in a government entity‘s facility that is open to the general public if:

          (1)(a)(i) the individual’s sex corresponds with the sex designation of the changing room; or
          (1)(a)(ii) the individual has:

               (1)(a)(ii)(A) legally amended the individual’s birth certificate to correspond with the sex designation of the changing room, which may be supported with a review of any amendment history obtained under Section 26B-8-125; and
               (1)(a)(ii)(B) undergone a primary sex characteristic surgical procedure as defined in Section 58-67-102 to correspond with the sex designation of the changing room.
     (1)(b) Subsection (1)(a) does not apply to:

          (1)(b)(i) a minor child who requires assistance to access or use the changing room that corresponds with the sex of the minor’s parent, guardian, or relative;
          (1)(b)(ii) a dependent minor, as defined in Section 76-5-110, or a dependent adult, as defined in Section 76-5-111 who requires assistance to access or use the changing room that corresponds with the sex of a caretaker;
          (1)(b)(iii) an individual providing public safety services, including law enforcement, emergency medical services as defined in Section 26B-4-101, and fire protection;
          (1)(b)(iv) an employee of a health care facility, as defined in Section 26B-2-201, to provide health care services to a patient of the health care facility; or
          (1)(b)(v) an individual whose employment duties include the maintenance or cleaning of the changing room.
(2) An individual in a changing room has a reasonable expectation of privacy, satisfying the privacy element of the offense of voyeurism in Section 76-9-702.7.
(3) An individual who knowingly enters a changing room in violation of Subsection (1) commits the offense of criminal trespass under Section 76-6-206 if the individual enters or remains in the changing room under circumstances which a reasonable person would expect to likely cause affront or alarm to, on, or in the presence of another individual.
(4) The surgical provision described in Subsection (1)(a)(ii) does not shield an individual from the offense of lewdness related to genitalia under Subsection 76-9-702(3) or 76-9-702.5(4).
(5) An individual may use the following evidence as a defense against an allegation that the individual is not eligible to access and use a sex-designated changing room under Subsection (1):

     (5)(a) for an individual whose birth sex corresponds with the sex designation of the changing room:

          (5)(a)(i) an individual’s unamended birth certificate that corresponds with the sex designation of the changing room, which may be supported with a review of any amendment history obtained under Section 26B-8-125; or
          (5)(a)(ii) documentation of a medical treatment or procedure that is consistent only with the sex designation of the changing room; or
     (5)(b) for an individual whose birth sex does not correspond with the sex designation of the changing room:

          (5)(b)(i) the individual’s amended birth certificate, which may be supported with a review of any amendment history obtained under Section 26B-8-125; and
          (5)(b)(ii) documentation that demonstrates that the individual has undergone a primary sex characteristic surgical procedure as defined in Section 58-67-102.
(6) Subsection (1) does not apply to:

     (6)(a) a unisex or single-occupant facility;
     (6)(b) a changing room that is not open to the general public; or
     (6)(c) an intersex individual.
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