Skip to main content
US Criminal Defense.org
Menu

Utah statute

Utah Code Ann. § 76-12-309 — Loitering in a privacy space.

Current through 2026 General Session

Part of Part 3: Privacy Offenses, Utah Code.

Criminal charges under this statute

Full text of Utah Code Ann. § 76-12-309

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-12-309Primary source, current through the 2026 General Session
(1)(a) As used in this section: (1)(a)(i) "Privacy space" means the following in which an individual has a reasonable expectation of privacy: (1)(a)(i)(A) a restroom or any other space that includes a toilet; (1)(a)(i)(B) a dressing room, fitting room, locker room, changing facility, or any other space designated for multiple individuals to dress or undress within the same space; or (1)(a)(i)(C) any room or space that includes a shower. (1)(a)(ii) "Sex-designated" means that a facility, program, or event is designated specifically for males or females and not the opposite sex. (1)(b) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section. (2) An actor commits the offense loitering in a privacy space if the actor intentionally or knowingly remains unlawfully in a privacy space. (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor. (3)(b) A violation of Subsection (2) is a class A misdemeanor if the actor commits the offense: (3)(b)(i) while also committing the offense of: (3)(b)(i)(A) criminal trespass in a sex-designated changing room under Subsection 76-6-206(2)(d); (3)(b)(i)(B) lewdness under Section 76-5-419; (3)(b)(i)(C) lewdness involving a child under Section 76-5-420; or (3)(b)(i)(D) voyeurism under Section 76-12-306; (3)(b)(i)(E) recorded or photographed voyeurism under Section 76-12-307; or (3)(b)(i)(F) distribution of images obtained through voyeurism under Section 76-12-308; or (3)(b)(ii) in a sex-designated privacy space that is not designated for individuals of the actor's sex.

Official sources

Legal terms used in this section

Questions this section answers

Is loitering in a privacy space a felony or a misdemeanor in Utah?

It depends on the circumstances: loitering in a privacy space ranges from a Class B Misdemeanor to a Class A Misdemeanor in Utah under Utah Code Ann. § 76-12-309.

Loitering in a privacy space — base offense: Class B Misdemeanor (Utah Code Ann. § 76-12-309(3)(a)) · Loitering in a privacy space — aggravated by related offense or wrong-sex space: Class A Misdemeanor (Utah Code Ann. § 76-12-309(3)(b))

Which Utah statute covers loitering in a privacy space?

Loitering in a privacy space is governed by Utah Code Ann. § 76-12-309 (Loitering in a privacy space).

This reference is informational and is not legal advice.