A person who is convicted of prostitution under Section 76-10-1302, patronizing a prostitute under Section 76-10-1303, or sexual solicitation under Section 76-10-1313 is guilty of a third degree felony if at the time of the offense the person is an HIV positive individual, and the person:

(1) has actual knowledge of the fact; or

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Terms Used In Utah Code 76-10-1309

  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
(2) has previously been convicted under Section 76-10-1302, 76-10-1303, or 76-10-1313.