General Provisions

Utah Code tit. 76, ch. 76-5d, pt. 76-5d-P1

in effect

Utah Code § 76-5d-101 Definitions.

76-5d-101. Definitions. As used in this chapter: (1) "Adult" is an individual who is 18 years old or older. (2) "Child" is an individual younger than 18 years old. (3) "Female breast" means the undeveloped, partially developed, or developed breast of a female individual. (4) "HIV infection" means an indication of a Human Immunodeficiency Virus (HIV) infection determined by current medical standards and detected by any of the following: (a) presence of antibodies to HIV, verified by a positive confirmatory test, such as Western blot with an interpretation based on criteria currently recommended by the Association of State and Territorial Public Health Laboratory Directors or another confirmatory test approved by the Utah State Health Laboratory; (b) presence of HIV antigen; (c) isolation of HIV; or (d) demonstration of HIV proviral DNA. (5) "HIV positive individual" means an individual who has an HIV infection. (6) "Local law enforcement agency" means an agency responsible for investigating violations of offenses in Part 2, General Offenses, the filing of charges that may lead to convictions, and the conducting of, or obtaining the results of, tests for HIV infection. (7) "Positive" means an indication of HIV infection. (8) "Prostituted individual" means an individual engaged in prostitution or sexual solicitation. (9) "Prostitution" means engaging in sexual activity with another individual in exchange for a fee or the functional equivalent of a fee. (10) "Public place" means a place to which the public or any substantial group of the public has access. (11) "Sexual activity" means, regardless of the gender of either participant: (a) an act of masturbation, sexual intercourse, or any sexual act involving the genitals of one individual and the mouth or anus of another individual; or (b) the touching of the genitals, female breast, or anus of one individual with any other body part of another individual with the intent to sexually arouse or gratify either individual. (12) "Sexual solicitation" means the conduct described in Section 76-5d-209, sexual solicitation by an actor offering to engage in sexual activity for compensation. (13) "Test" means a test for HIV infection in accordance with standards recommended by the Department of Health and Human Services. Renumbered and Amended by Chapter 173, 2025 General Session Renumbered and Amended by Chapter 174, 2025 General Session

Utah Code § 76-5d-102 Local ordinance consistent with code provisions.

76-5d-102. Local ordinance consistent with code provisions. An ordinance adopted by a local authority governing the matters covered by this chapter is required to be consistent with the provisions of this chapter. Renumbered and Amended by Chapter 173, 2025 General Session Renumbered and Amended by Chapter 174, 2025 General Session

Utah Code § 76-5d-103 Mandatory testing -- Retention of medical file -- Civil liability.

76-5d-103. Mandatory testing -- Retention of medical file -- Civil liability. (1) An individual who has entered a plea of guilty, a plea of no contest, a plea of guilty with a mental condition, or been found guilty of a violation of Section 76-5d-202, 76-5d-203, 76-5d-204, 76-5d-205, 76-5d-209, 76-5d-210, or 76-5d-211 is required to submit before sentencing to a mandatory test to determine if the individual is an HIV positive individual. (2) (a) If the mandatory test described in Subsection (1) has not been conducted before sentencing, and the convicted individual is already confined in a county jail or state prison, the individual is required to be tested while in confinement. (b) For an individual described in Subsection (1) who is confined in a county jail, the local law enforcement agency shall cause the individual's blood specimen to be taken and tested. (c) For an individual described in Subsection (1) who is confined in a state prison, the Department of Corrections shall cause the individual's blood specimen to be taken and tested. (3) (a) The local law enforcement agency shall collect and retain in the individual's medical file the following data: (i) the HIV infection test results; (ii) a copy of the written notice as provided in Section 76-5d-104; (iii) photographic identification; and (iv) fingerprint identification. (b) The local law enforcement agency shall classify the medical file described in Subsection (3)(a) as a private record pursuant to Subsection 63G-2-302(1)(b) or a controlled record pursuant to Section 63G-2-304. (4) (a) An individual required to be tested under this section is responsible for the costs of testing, unless the individual is indigent. (b) If an individual is indigent, the costs for the testing will be paid by the local law enforcement agency or the Department of Corrections from the General Fund. (5) (a) The laboratory performing testing shall report test results to only designated officials in the Department of Corrections, the Department of Health and Human Services, and the local law enforcement agency submitting the blood specimen. (b) Each department or agency shall designate the officials described in Subsection (5)(a) by written policy. (c) Designated officials may release information identifying an individual under Section 76-5d-202, 76-5d-203, 76-5d-204, 76-5d-205, 76-5d-209, 76-5d-210, or 76-5d-211 who has tested HIV positive as provided under Subsection 63G-2-202(1) and for purposes of prosecution pursuant to Section 76-5d-212. (6) (a) An employee of the local law enforcement agency, the Department of Corrections, or the Department of Health and Human Services who discloses the HIV test results under this section is not civilly liable except when disclosure constitutes fraud or willful misconduct under Section 63G-7-202. (b) An employee of the local law enforcement agency, the Department of Corrections, or the Department of Health and Human Services who discloses the HIV test results under this section is not civilly or criminally liable, except when disclosure constitutes a knowing violation of Section 63G-2-801. (7) When a medical file is released as provided in Section 63G-2-803, the local law enforcement agency, the Department of Corrections, or the Department of Health and Human Services, or an officer or employee of the local law enforcement agency, the Department of Corrections, or the Department of Health and Human Services, is not liable for damages for release of the medical file. Renumbered and Amended by Chapter 173, 2025 General Session Renumbered and Amended by Chapter 174, 2025 General Session

Utah Code § 76-5d-104 Notice to a convicted individual of HIV positive test results.

76-5d-104. Notice to a convicted individual of HIV positive test results. (1) An individual convicted under Section 76-5d-202, 76-5d-203, 76-5d-204, 76-5d-205, 76-5d-209, 76-5d-210, or 76-5d-211 who has tested positive for the HIV infection shall be notified of the test results in person by: (a) the local law enforcement agency; (b) the Department of Corrections, for an individual confined in a state prison; (c) the Department of Health and Human Services; or (d) an authorized representative of an agency listed in Subsections (1)(a) through (c). (2) The notice described in Subsection (1) shall contain the signature of the HIV positive individual, indicating the individual's receipt of the notice, the name and signature of the individual providing the notice, and: (a) the date of the test; (b) the positive test results; (c) the name of the HIV positive individual; and (d) the following language: "An individual who has been convicted of engaging in prostitution under Section 76-5d-202, patronizing a prostituted individual who is an adult under Section 76-5d-203, patronizing a prostituted individual who is a child under Section 76-5d-204, entering or remaining in a place of prostitution under Section 76-5d-205, sexual solicitation by an actor offering to engage in sexual activity for compensation under Section 76-5d-209, sexual solicitation by an actor offering compensation to an adult in exchange for sexual activity under Section 76-5d-210, or sexual solicitation by an actor offering compensation to a child in exchange for sexual activity under Section 76-5d-211, after being tested and diagnosed as an HIV positive individual and either had actual knowledge that the individual is an HIV positive individual or the individual has previously been convicted of any of the criminal offenses listed above is guilty of a third degree felony under Section 76-5d-212." (3) Failure to provide the notice described in Subsection (1), or to provide the notice in the manner or form prescribed under this section, does not: (a) create any civil liability; or (b) create a defense to a prosecution under this chapter. Renumbered and Amended by Chapter 173, 2025 General Session Renumbered and Amended by Chapter 174, 2025 General Session

Utah Code § 76-5d-105 Examination of testing procedures and results in legal proceedings.

76-5d-105. Examination of testing procedures and results in legal proceedings. (1) Employees of a laboratory who conduct laboratory analysis of blood samples for presence of antibody to HIV provided pursuant to a request by a law enforcement agency or the Department of Corrections under Section 76-5d-103, may be examined in a legal proceeding of any kind or character as to: (a) the nature of the testing; (b) the validity of the testing; (c) the results of the test; (d) the HIV positivity or negativity of the individual tested; (e) the evidentiary chain of custody; and (f) other factors relevant to the prosecution, subject to the court's ruling. (2) This section applies only to the criminal investigation and prosecution under Section 76-5d-212, engaging in prostitution or sexual solicitation as an HIV positive offender. Renumbered and Amended by Chapter 173, 2025 General Session Renumbered and Amended by Chapter 174, 2025 General Session

Utah Code § 76-5d-106 Safe harbor for children as victims in commercial sex or sexual solicitation.

76-5d-106. Safe harbor for children as victims in commercial sex or sexual solicitation. (1) As used in this section: (a) "Child engaged in commercial sex or sexual solicitation" means a child who: (i) engages, offers, or agrees to engage in any sexual activity with another individual in exchange for receiving a fee, or the functional equivalent of a fee; (ii) takes steps in arranging a meeting through any form of advertising, agreeing to meet, and meeting at an arranged place for the purpose of sexual activity in exchange for receiving a fee or the functional equivalent of a fee; (iii) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity; or (iv) engages in sexual solicitation. (b) "Division" means the Division of Child and Family Services created in Section 80-2-201. (c) "Juvenile receiving center" means the same as that term is defined in Section 80-1-102. (2) Upon encountering a child engaged in commercial sex or sexual solicitation, a law enforcement officer shall: (a) conduct an investigation regarding possible human trafficking of the child pursuant to Sections 76-5-308, 76-5-308.1, 76-5-308.5, and 76-5-308.6; (b) refer the child to the division; (c) bring the child to a juvenile receiving center, if available; and (d) contact the child's parent or guardian, if practicable. (3) When law enforcement refers a child to the division under Subsection (2)(b), the division shall provide services to the child under Title 80, Chapter 2, Child Welfare Services, and Title 80, Chapter 2a, Removal and Protective Custody of a Child. Amended by Chapter 247, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title76/Chapter5D/76-5d-P1.html?v=C76-5d-P1_2025050720250507Fetched: 10/26/2026