(1) Terms defined in Sections 76-1-101.5, 76-5d-101, and 76-5d-201 apply to this section.
(2) An actor commits engaging in prostitution or sexual solicitation as an HIV positive offender if the actor:
(a) is an HIV positive individual;
(b) is convicted of:
(i) engaging in prostitution under Section 76-5d-202;
(ii) patronizing a prostituted individual who is an adult under Section 76-5d-203;
(iii) patronizing a prostituted individual who is a child under Section 76-5d-204;
(iv) entering or remaining in a place of prostitution under Section 76-5d-205;
(v) sexual solicitation by an actor offering to engage in sexual activity for compensation under Section 76-5d-209;
(vi) sexual solicitation by an actor offering compensation to an adult in exchange for sexual activity under Section 76-5d-210; or
(vii) sexual solicitation by an actor offering compensation to a child in exchange for sexual activity under Section 76-5d-211; and
(c)
(i) has actual knowledge that the actor is an HIV positive individual; or
(ii) has previously been convicted of a violation of Section 76-5d-202, 76-5d-203, 76-5d-204, 76-5d-205, 76-5d-209, 76-5d-210, or 76-5d-211.
(3) A violation of Subsection (2) is a third degree felony.
(4) Upon conviction under this section, and as a condition of probation, the actor shall receive treatment and counseling for HIV infection and drug abuse as provided in Title 26B, Chapter 5, Health Care - Substance Use and Mental Health.