Prostitution Offense Amendments
What changed between versions
A new coordination clause was added stating that if both HB 22 and HB 21 (Criminal Code Recodification and Cross References) pass and become law, the amendments in HB 22 to certain shared sections will supersede those in HB 21. This prevents conflicting versions of the same statute from taking effect.
New sections were added amending 80-6-303.5 and 80-6-1002 (juvenile justice provisions) to add several prostitution-related offenses to the list of offenses for which a minor may not receive a nonjudicial adjustment, meaning juveniles charged with these offenses cannot have their cases resolved without a formal court adjudication.
New sections were added amending 77-41-106 (sex offender registration), 78B-6-1101 and 78B-6-1107 (adoption provisions), 78B-9-104 (guardianship), and 80-2-301 (child welfare definitions) to make conforming cross-reference updates reflecting the renumbered prostitution offense sections.
The '(Effective 05/07/25)' effective date language was removed from all section headers throughout the bill, likely because the coordination clause with HB 21 makes a fixed effective date inappropriate if the two bills pass on different timelines.
The committee note (stating the Law Enforcement and Criminal Justice Interim Committee recommended the bill) and the legislative vote tally (9 for, 0 against, 9 absent) were removed from the substitute version's header.
In Section 76-5d-101 (Definitions), the definition of 'Child' was restructured from being a sub-item under a broader provision to its own standalone subsection, and the safe harbor section (76-5d-106) consolidated the separate 'Child engaged in sexual solicitation' definition into the main 'Child engaged in commercial sex or sexual solicitation' definition by adding 'engages in sexual solicitation' as a new qualifying activity.
