Section 63G-31-302 - Sex-designated changing rooms in publicly owned facilities open to the general public(1)(a) Except as provided in Subsection (1)(b), to preserve the individual privacy of males and females, an individual may only access an operational sex-designated changing room in a government entity's facility that is open to the general public if: (i) the individual's sex corresponds with the sex designation of the changing room; or(ii) the individual has: (A) legally amended the individual's birth certificate to correspond with the sex designation of the changing room, which may be supported with a review of any amendment history obtained under Section 26B-8-125; and(B) undergone a primary sex characteristic surgical procedure as defined in Section 58-67-102 to correspond with the sex designation of the changing room.(b) Subsection (1)(a) does not apply to: (i) a minor child who requires assistance to access or use the changing room that corresponds with the sex of the minor's parent, guardian, or relative;(ii) a dependent minor, as defined in Section 76-5-110, or a dependent adult, as defined in Section 76-5-111 who requires assistance to access or use the changing room that corresponds with the sex of a caretaker;(iii) an individual providing public safety services, including law enforcement, emergency medical services as defined in Section 26B-4-101, and fire protection;(iv) an employee of a health care facility, as defined in Section 26B-2-201, to provide health care services to a patient of the health care facility; or(v) an individual whose employment duties include the maintenance or cleaning of the changing room.(2) An individual in a changing room has a reasonable expectation of privacy, satisfying the privacy element of the offense of voyeurism in Section 76-9-702.7.(3) An individual who knowingly enters a changing room in violation of Subsection (1) commits the offense of criminal trespass under Section 76-6-206 if the individual enters or remains in the changing room under circumstances which a reasonable person would expect to likely cause affront or alarm to, on, or in the presence of another individual.(4) The surgical provision described in Subsection (1)(a)(ii) does not shield an individual from the offense of lewdness related to genitalia under Subsection 76-9-702(3) or 76-9-702.5(4).(5) An individual may use the following evidence as a defense against an allegation that the individual is not eligible to access and use a sex-designated changing room under Subsection (1): (a) for an individual whose birth sex corresponds with the sex designation of the changing room: (i) an individual's unamended birth certificate that corresponds with the sex designation of the changing room, which may be supported with a review of any amendment history obtained under Section 26B-8-125; or(ii) documentation of a medical treatment or procedure that is consistent only with the sex designation of the changing room; or(b) for an individual whose birth sex does not correspond with the sex designation of the changing room: (i) the individual's amended birth certificate, which may be supported with a review of any amendment history obtained under Section 26B-8-125; and(ii) documentation that demonstrates that the individual has undergone a primary sex characteristic surgical procedure as defined in Section 58-67-102.(6) Subsection (1) does not apply to: (a) a unisex or single-occupant facility;(b) a changing room that is not open to the general public; or(c) an intersex individual.Added by Chapter 2, 2024 General Session ,§ 10, eff. 1/30/2024.