Utah Code 76-9-702.8. Loitering in a privacy space
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 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-9-702.8
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- 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(1)(a) “Privacy space” means the following in which an individual has a reasonable expectation of privacy:(1)(a)(i) a restroom or any other space that includes a toilet;(1)(a)(ii) a dressing room, fitting room, locker room, changing facility, or any other space designated for multiple individuals to dress or undress within the same space; or(1)(a)(iii) any room or space that includes a shower.(1)(b) “Sex-designated” means that a facility, program, or event is designated specifically for males or females and not the opposite sex.
(2) An actor commits the offense of unlawfully loitering in a privacy space if the actor intentionally or knowingly remains unlawfully in a privacy space.
(3)
(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
(3)(b) A violation of Subsection (4) is a class A misdemeanor if the actor commits the offense:
(3)(b)(i) while also committing the offense of:
(3)(b)(i)(A) criminal trespass in a sex-designated changing room under Subsection 76-6-206 (2)(d);
(3)(b)(i)(B) lewdness under Section 76-9-702 ;
(3)(b)(i)(C) lewdness involving a child under Section 76-9-702.5 ; or
(3)(b)(i)(D) voyeurism under Section 76-9-702.7 ; or
(3)(b)(ii) in a sex-designated privacy space that is not designated for individuals of the actor’s sex.