Safe harbor for children as victims in commercial sex or sexual solicitation.
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(1) As used in this section:
(a) "Child engaged in commercial sex" means a child who:
(i) engages, offers, or agrees to engage in any sexual activity with another individual for 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 a fee or the functional equivalent of a fee; or
(iii) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.
(b) "Child engaged in sexual solicitation" means a child who offers or agrees to commit or engage in any sexual activity with another person for a fee or the functional equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).
(c) "Division" means the Division of Child and Family Services created in Section 62A-4a-103.
(d) "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 and 76-5-308.5;
(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 62A, Chapter 4a, Child and Family Services.
(4) A child may not be subjected to delinquency proceedings for prostitution under Section 76-10-1302, or sex solicitation under Section 76-10-1313.