Utah criminal charge
Loitering in a privacy space in Utah
Loitering in a privacy space is a criminal offense under Utah law, defined by Utah Code Ann. § 76-12-309. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-12-309.
What is the penalty for loitering in a privacy space in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Loitering in a privacy space — base offense — A violation of Subsection (2) is a class B misdemeanor except as provided in Subsection (3)(b).) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Loitering in a privacy space — base offense — A violation of Subsection (2) is a class B misdemeanor except as provided in Subsection (3)(b).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Loitering in a privacy space — aggravated by related offense or wrong-sex space — A violation of Subsection (2) is a class A misdemeanor if committed while also committing certain enumerated offenses (criminal trespass in a sex-designated changing room, lewdness, lewdness involving a child, voyeurism, recorded/photographed voyeurism, or distribution of voyeurism images) or in a sex-designated privacy space not designated for the actor's sex.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Loitering in a privacy space — aggravated by related offense or wrong-sex space — A violation of Subsection (2) is a class A misdemeanor if committed while also committing certain enumerated offenses (criminal trespass in a sex-designated changing room, lewdness, lewdness involving a child, voyeurism, recorded/photographed voyeurism, or distribution of voyeurism images) or in a sex-designated privacy space not designated for the actor's sex.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is loitering in a privacy space classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Loitering in a privacy space — base offense | Class B Misdemeanor | A violation of Subsection (2) is a class B misdemeanor except as provided in Subsection (3)(b). | Utah Code Ann. § 76-12-309(3)(a) |
| Loitering in a privacy space — aggravated by related offense or wrong-sex space | Class A Misdemeanor | A violation of Subsection (2) is a class A misdemeanor if committed while also committing certain enumerated offenses (criminal trespass in a sex-designated changing room, lewdness, lewdness involving a child, voyeurism, recorded/photographed voyeurism, or distribution of voyeurism images) or in a sex-designated privacy space not designated for the actor's sex. | Utah Code Ann. § 76-12-309(3)(b) |
Common questions about loitering in a privacy space in Utah
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))
What are the penalties for loitering in a privacy space in Utah?
Penalties for loitering in a privacy space in Utah depend on how it is classified — from a Class B Misdemeanor up to a Class A Misdemeanor — with the ranges set by Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
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).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.