Patronizing a prostituted individual who is an adult

(1) Terms defined in Sections 76-1-101.5, 76-5d-101, and 76-5d-201 apply to this section. (2) An actor commits the offense of patronizing a prostituted individual who is an adult if: (a) the actor pays, offers to pay, or agrees to pay an adult prostituted individual, or an adult individual the actor believes to be a prostituted individual, a fee, or the functional equivalent of a fee; and (b) the payment, offer of payment, or agreement for payment described in Subsection (2)(a) is for the purpose of engaging in an act of sexual activity. (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor. (b) A violation of Subsection (2) is a third degree felony if the actor has previously been convicted two or more times of: (i) a violation of Subsection (2); (ii) a local ordinance adopted in accordance with Section 76-5d-102 addressing the same or similar type of violation to the violation described in Subsection (2); or (iii) a criminal violation in another jurisdiction, including a state, federal, or military court, that is substantially equivalent to the violation described in Subsection (2). (4) Upon a conviction for a violation of this section, the court shall order: (a) the maximum fine amount and may not waive or suspend the fine; and (b) the actor to pay for and complete a court-approved educational program about the negative effects on an individual involved with prostitution or human trafficking.