(1) Except as provided under Section 53G-8-211, a government entity shall contact law enforcement if the entity receives a complaint or allegation regarding the following within a privacy space in a facility that is open to the general public:

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Terms Used In Utah Code 63G-31-304

  • Allegation: something that someone says happened.
  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • 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
  • Privacy space: means a restroom or changing room within a publicly owned or controlled facility, where an individual has a reasonable expectation of privacy. See Utah Code 63G-31-101
  • 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
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • 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) an offense of lewdness under Section 76-9-702;
     (1)(b) an offense of lewdness involving a child under Section 76-9-702.5;
     (1)(c) voyeurism under Section 76-9-702.7;
     (1)(d) loitering in a privacy space under Section 76-9-702.8; or
     (1)(e) for a changing room described in Section 63G-31-302, an offense of criminal trespass under Subsection 63G-31-302(2).
(2) To preserve the individual privacy of males and females in privacy spaces:

     (2)(a) a government entity shall adopt a privacy compliance plan to address compliance with the government entity’s duties under this chapter;
     (2)(b) for construction of a new facility, a government entity shall ensure that the new construction includes a single-occupant facility; and
     (2)(c) for existing privacy spaces, a government entity:

          (2)(c)(i) shall consider the feasibility of retrofitting or remodeling to include:

               (2)(c)(i)(A) floor-to-ceiling walls and doors or similar privacy protections;
               (2)(c)(i)(B) curtains; or
               (2)(c)(i)(C) other methods of improving individual privacy within the facility that are comparable to the methods described in Subsections (2)(a)(i) and (ii); and
          (2)(c)(ii) may reduce the number of fixtures that state law requires by up to 20% to provide adequate space for the retrofitting or remodeling described in Subsection (2)(a).
(3) A government entity shall ensure sufficient sex-designated privacy spaces through compliance with Sections 15A-3-112 and 15A-3-304 regarding unisex facilities.

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