BDSM and The Law
This is NOT legal advice.
If you live in UTAH ask your Legislator
to change these laws
No woman may have sex with a man while riding in an ambulance within the boundaries of Tremonton, Utah. If caught, the woman can be charged with a sexual misdemeanor and "her name is to be published in the local newspaper." The man isn't charged nor is his name revealed.
In the state of Utah, sex with an animal—unless performed
for profit—is not considered sodomy and therefore is legal.
Age of Consent in UTAH is 18
(1) A person is guilty of prostitution when:
(a) he engages in any sexual activity with another
person for a fee;
(b) is an inmate of a house of prostitution; or
(c) loiters in or within view of any public place for
the purpose of being hired to engage in sexual activity.
(2) Prostitution is a class B misdemeanor. However, any
person who is convicted a second time, and on all subsequent convictions, under
this section or under a local ordinance adopted in compliance with Section 76-10-1307
is guilty of a class A misdemeanor, except as provided in Section 76-10-1309.
Patronizing a prostitute.
(1) A person is guilty of patronizing a prostitute
(a) he pays or offers or agrees to pay another person a
fee for the purpose of engaging in an act of sexual activity; or
(b) he enters or remains in a house of prostitution for
the purpose of engaging in sexual activity.
(2) Patronizing a prostitute is a class B misdemeanor,
except as provided in Section 76-10-1309.
Chapter 179, 1993 General Session
(1) A person is guilty of aiding prostitution if he:
(a) solicits a person to patronize a prostitute;
(b) procures or attempts to procure a prostitute for a
(c) leases or otherwise permits a place controlled by
the actor, alone or in association with another, to be used for prostitution or
the promotion of prostitution; or
(d) solicits, receives, or agrees to receive any
benefit for doing any of the acts prohibited by this subsection.
(2) Aiding prostitution is a class B misdemeanor.
However, a person who is convicted a second time, and on all subsequent
convictions, under this section or under a local ordinance adopted in compliance
with Section 76-10-1307 is guilty of a class A misdemeanor.
(1) A person is guilty of exploiting prostitution if
(a) procures an inmate for a house of prostitution or
place in a house of prostitution for one who would be an inmate;
(b) encourages, induces, or otherwise purposely causes
another to become or remain a prostitute;
(c) transports a person into or within this state with
a purpose to promote that person's engaging in prostitution or procuring or
paying for transportation with that purpose;
(d) not being a child or legal dependent of a
prostitute, shares the proceeds of prostitution with a prostitute pursuant to
their understanding that he is to share therein; or
(e) owns, controls, manages, supervises, or otherwise
keeps, alone or in association with another, a house of prostitution or a
(2) Exploiting prostitution is a felony of the third
76-10-1201. Definitions. For
the purpose of this part:
"Contemporary community standards" means those current standards in
the vicinage where an offense alleged under this act has occurred, is occurring,
or will occur.
"Distribute" means to transfer possession of materials whether with or
without consideration. (
"Exhibit" means to show.
"Knowingly" means an awareness, whether actual or constructive, of the
character of material or of a performance. A person has constructive knowledge
if a reasonable inspection or observation under the circumstances would have
disclosed the nature of the subject matter and if a failure to inspect or
observe is either for the purpose of avoiding the disclosure or is criminally
(11) "Sado-masochistic abuse" means flagellation
or torture by or upon a person who is nude or clad in undergarments, a mask, or
in a revealing or bizarre costume, or the condition of being fettered, bound, or
otherwise physically restrained on the part of one so clothed. (
12) "Sexual conduct" means acts of masturbation,
sexual intercourse, or any touching of a person's clothed or unclothed genitals,
pubic area, buttocks, or, if the person is a female, breast, whether alone or
between members of the same or opposite sex or between humans and animals in an
act of apparent or actual sexual stimulation or gratification.
material or performance -- Expert testimony not required. (1)
Any material or performance is pornographic if: (a) The average person, applying
contemporary community standards, finds that, taken as a whole, it appeals to
prurient interest in sex;
b) It is patently offensive in
the description or depiction of nudity, sexual conduct, sexual excitement,
sadomasochistic abuse, or excretion; and
(c) Taken as a whole it does not
have serious literary, artistic, political or scientific value.
(2) In prosecutions under this
part, where circumstances of production, presentation, sale, dissemination,
distribution, exhibition, or publicity indicate that the matter is being
commercially exploited by the defendant for the sake of its prurient appeal,
this evidence is probative with respect to the nature of the matter and can
justify the conclusion that, in the context in which it is used, the matter has
no serious literary, artistic, political, or scientific value.
3) Neither the prosecution nor
the defense shall be required to introduce expert witness testimony as to
whether the material or performance is or is not harmful to adults or minors or
is or is not pornographic, or as to any element of the definition of
pornographic, including contemporary community standards
76-10-1204. Distributing pornographic material. (1)
A person is guilty of distributing pornographic material when he
(a) sends or
brings any pornographic material into the state with intent to distribute or
exhibit it to others;
publishes, prints, or possesses any pornographic material with intent to
distribute or exhibit it to others;
distributes or offers to distribute, exhibits or offers to exhibit any
pornographic material to others;
creates, or solicits the publication or advertising of pornographic
the distribution or exhibition of material he represents to be pornographic;
or directs a pornographic performance in any public place or any place exposed
to public view or participates in that portion of the performance which makes it
distributing of pornographic material as defined in Subsection
(1) is a
is a separate offense under this section for:
(a) each day's
exhibition of any pornographic motion picture film; and
(b) each day
in which any pornographic publication is displayed or exhibited in a public
place with intent to distribute or exhibit it to others.
separate offense under this section is a class A misdemeanor punishable by: (a)
a minimum mandatory fine of not less than $100 plus $10 for each article
exhibited up to the maximum allowed by law; and (b) incarceration, without
suspension of sentence in any way, for a term of not less than seven days,
notwithstanding any provisions of Section 77-18-1.
(5) If a
defendant has already been convicted once under this section, each separate
further offense is a third degree felony punishable by a minimum mandatory fine
of not less than $1,000 plus $10 for each article exhibited up to the maximum
allowed by law and by incarceration, without suspension of sentence in any way,
for a term of not less than 30 days. This subsection supersedes Section 77-18-1.