Utah Prostitution Stings – Catching Culprits of Opportunity or Entrapment

Although paying or receiving funds for sexual activity is against the law, many wonder if Johns arrested during prostitution stings in Utah are culprits of opportunity or victims of entrapment.

Catching one of their own

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A prostitution sting on Valentine’s Day netted the arrest of 51 year old David Moss of Lehi, Utah. Undercover detectives with the Utah County Special Victims Task Force arrested Moss, who was a former police officer with the St. George Police Department after he responded to a prostitution ad online and met two undercover female detectives posing as prostitutes. Moss’s arrest came after he made several incriminating statements online and in person including offers to “manage” the prostitutes and hide their activity from police. He also followed these comments with inappropriate behavior directed at one of the undercover officers.

Patronizing a prostitute

Moss was arrested for multiple charges including patronizing a prostitute which is described by section 76-10-1303 as “when the individual:
(a) Pays or offers or agrees to pay a prostitute, or an individual the actor believes to be a prostitute, a fee, or the functional equivalent of a fee, for the purpose of engaging in an act of sexual activity; or
(b) Enters or remains in a place of prostitution for the purpose of engaging in sexual activity.”

Pimps vs Johns

Moss is also facing charges of exploiting prostitution, a third degree felony compared to patronizing a prostitute which is punishable as a class A misdemeanor for a first defense. While patronizing a prostitute is the typical charge for “Johns”, exploiting prostitution would be the charge for the “pimps” or those wishing to recruit or manage others in prostitution. Third degree exploiting prostitution is defined by Utah Code 76-10-1305 as when “an individual:
(a) Procures an individual for a place of prostitution;
(b) Encourages, induces, or otherwise purposely causes another to become or remain a prostitute;
(c) Transports an individual into or within this state with a purpose to promote that individual’s engaging in prostitution or procuring or paying for transportation with that purpose;
(d) Not being a child or legal dependent of a prostitute, shares the proceeds of prostitution with a prostitute, or an individual the actor believes to be a prostitute, pursuant to their understanding that the actor is to share therein; or
(e) Owns controls, manages, supervised, or otherwise keeps, alone or in association with another, a place of prostitution or a business where prostitution occurs or is arranged, encouraged, supported, or promoted.”

Gray area

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Since Moss came prepared with an illegal business plan, it is hard to say he didn’t know what he was getting into unless his inappropriate business endeavor was all a ruse to impress the ladies. Regardless, his actions will be making a lasting impression; a negative one when he faces a judge in court. While Moss’s case could paint a pretty clear picture of how horrible his remarks and behavior was – he was not the one placing the ad; he was merely responding to it. If the ad hadn’t been there, would he have still made the illegal choices that he did? This is a common question that comes up following prostitution stings. Are stings a way to catch criminals or are they a non-biased trap to catch anyone who may happen by? Some otherwise innocent individuals caught in the frequent prostitution stings throughout the state often fall into a gray area where you wonder if they had actually planned to commit a crime or just reacted to a setting they were placed in. This gray area where one may question someone’s criminal intentions that often occurs with stings can be known as entrapment.

Opportunity or entrapment

Entrapment is defined Utah Code 76-2-303 as “. . . when a peace officer or a person directed by or acting in cooperation with the officer induces the commission of an offense in order to obtain evidence of the commission for prosecution by methods creating a substantial risk that the offense would be committed by one not otherwise ready to commit it.” While many arrested during prostitution stings may have been “. . . merely afford[ed] . . . an opportunity to commit an offense”, there is always a concern others were arrested solely based on the enticement of the officers. Anyone facing charges following a prostitution sting whether or not they may have been the victim of entrapment are encouraged to seek legal counsel immediately.

Utah Man Arrested for Exploiting Prostitution

A Utah man was arrested for exploiting prostitution during a human trafficking sting over the weekend in Salt Lake County.

The Pimp

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According to a bookings report from the Salt Lake County Jail, 28 year old Roger Dewayne Jessop was arrested on Friday for exploiting prostitution, a third degree felony. Police reports state Jessop was arrested at a hotel after an undercover agent arrived to an arranged meeting with a prostitute and observed that Jessop was the one running the show, causing the female prostitute to offer sex in exchange for money.

Exploiting prostitution

Utah Code 76-10-1305 states: “A person is guilty of exploiting prostitution is the person;

a) Procures a person for a place of prostitution;
b) Encourages, induces, or otherwise purposely causes another to become or remain a prostitute;
c) Transports a person into or within this state with a purpose to promote that person’s engaging in prostitution or procuring or paying for transportation with that purpose;
d) Not being a child or legal dependent of a prostitute, shares the proceeds of prostitution with a prostitute pursuant to their understanding that he is to share therein; or
e) Owns, controls, manages, supervises, or otherwise keeps, alone or in association with another, a place or prostitution or a business where prostitution occurs or is arranged, encouraged, supported, or promoted.”

Sexual solicitation or sex trafficking

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Those who “offer or agree to commit any sexual activity with another person for a fee ( . . . )“ are guilty of sexual solicitation, a class B misdemeanor. These charges do not apply if the person offering sex is a victim and doing said acts against their will. It wasn’t noted the age of the prostitute being pimped out by Jessop or whether or not she was a willing participant, however multiple female victims of human trafficking were noted as being rescued during the operation in Salt Lake County. To report information on a possible situation of human trafficking, call the National Human Trafficking Hotline at 1-888-373-7888. For legal aid regarding prostitution charges contact a criminal defense attorney.