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Utah Senate narrows solicitation statute after extended debate and amendment

Utah State Senate · March 3, 2011
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Summary

After extended floor debate and a friendly amendment to clarify anatomical-language ordering, the Senate passed a revised solicitation/prostitution statute (first substitute House Bill 121) to explicitly define acts that constitute solicitation for a fee, addressing sponsor concerns about prior ambiguities.

The Utah Senate spent an extended portion of the floor session debating and amending first substitute House Bill 121, a measure that sponsors said was intended to clarify what criminal acts constitute solicitation with intent to engage in prostitution.

Senator Bramble, bringing the bill to the floor, and other senators voiced concern that prior statute language had been vague and allowed skilled counsel to exploit drafting gaps. Several senators warned about potential unintended consequences and the importance of avoiding language that could sweep in minors or otherwise criminalize non-target conduct. Senator Jenkins and others questioned whether the bill could inadvertently “trap young kids” if the drafting was not precise (paraphrased from floor remarks).

Senators pressed for specificity. Debate focused on precise ordering of anatomical references in the statute so that modifiers (for example, “female”) would not accidentally be read to apply to multiple items. Senator Bramble offered an amendment that moved the descriptive clause about the female breast to the end of the enumeration; the sponsor described the amendment as friendly and consistent with the bill’s intent. The Senate adopted the amendment by voice vote and proceeded to final roll call.

The tally recorded 23 yeas, 0 nays; the bill passed as amended and will be returned to the House for further action. Sponsors said the revised text was deliberately explicit about paid solicitation and limited in scope to activity involving payment or offers to pay for sexual activity.