H.B. 167

1

HUMAN TRAFFICKING PROVISIONS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: David Litvack
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill criminalizes human trafficking and outlines basic services for victims.
10 Highlighted Provisions:
11 This bill:
12 . criminalizes human trafficking for forced labor and human trafficking for sexual
13 exploitation;
14 . distinguishes between human trafficking and aggravated human trafficking; and
15 . outlines basic services for trafficked victims.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 76-5-307, Utah Code Annotated 1953
23 76-5-308, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-5-307 is enacted to read:
27 76-5-307. Human trafficking.

28 (1) An actor commits human trafficking for forced labor or forced sexual exploitation
29 if the actor recruits, harbors, transports, or obtains a person through the use of force, fraud, or
30 coercion by means of:
31 (a) threatening serious harm to, or physical restraint against, that person or a third
32 person;
33 (b) destroying, concealing, removing, confiscating, or possessing any passport,
34 immigration document, or other government identification document;
35 (c) abusing or threatening abuse of the law or legal process against the person or a third
36 person;
37 (d) using a condition of a person being a debtor due to a pledge of the debtor's personal
38 services or the personal services of a person under the control of a debtor as a security for debt
39 where the reasonable value of the services is not applied toward the liquidation of the debt or
40 the length and nature of those services are not respectively limited and defined; or
41 (e) using a condition of servitude by means of any scheme, plan, or pattern intended to
42 cause a person to believe that if the person did not enter into or continue in a condition of
43 servitude, that person or a third person would suffer serious harm or physical restraint, or
44 would be threatened with abuse of legal process.
45 (2) (a) Human trafficking for forced labor includes forced labor in sweatshops,
46 households, agricultural fields, and any other workplace.
47 (b) Human trafficking for forced sexual exploitation includes all forms of forced
48 commercial sexual activity, including forced sexually explicit performance, forced prostitution,
49 forced participation in the production of pornography, forced performance in strip clubs, and
50 forced exotic dancing or display.
51 (3) (a) Human trafficking for forced labor and human trafficking for forced sexual
52 exploitation is a second degree felony.
53 (b) Human trafficking is a separate offense from any other crime committed in
54 relationship to human trafficking.
55 (4) A person who benefits financially or materially by receiving anything of value from
56 knowing participation in human trafficking is guilty of a second degree felony.
57 (5) Human trafficking is an affirmative defense to prosecution of a person for a
58 criminal violation directly related to the defendant's status as a victim of a crime that is a

59 violation of this section.
60 (6) Human trafficking victims:
61 (a) shall be housed in appropriate shelter as quickly as possible;
62 (b) may not be detained in facilities inappropriate to their status as crime victims;
63 (c) shall receive prompt medical care, mental health care, food, clothing, and other
64 assistance;
65 (d) shall have access to legal assistance, information about their rights, and translation
66 services; and
67 (e) shall be provided protection if a person's safety is at risk or if there is danger of
68 additional harm by recapture of the person by a trafficker, including:
69 (i) taking measures to protect trafficked persons and their family members from
70 intimidation and threats of reprisals and reprisals from traffickers and their associates; and
71 (ii) ensuring that the names and identifying information of trafficked persons and their
72 family members are not disclosed to the public.
73 (7) Services under Subsection (6) shall be provided by the Department of Human
74 Services, directly or by contract, to the extent resources and funding are available.
75 Section 2. Section 76-5-308 is enacted to read:
76 76-5-308. Aggravated human trafficking.
77 (1) An actor commits aggravated human trafficking for forced labor or forced sexual
78 exploitation if, in the course of committing a human trafficking offense under Subsection
79 76-5-307 (3) or (4), the offense:
80 (a) results in the death of the trafficked person;
81 (b) results in serious bodily injury of the trafficked person;
82 (c) involves a person who is younger than 18 years of age at the time of the offense;
83 (d) involves:
84 (i) rape under Section 76-5-402 ;
85 (ii) rape of a child under Section 76-5-402.1 ;
86 (iii) object rape under Section 76-5-402.2 ;
87 (iv) object rape of a child under Section 76-5-402.3 ;
88 (v) forcible sodomy under Section 76-5-403 ;
89 (vi) sodomy on a child under Section 76-5-403.1 ;

90 (vii) aggravated sexual abuse of a child under Section 76-5-404.1 ; or
91 (viii) aggravated sexual assault under 76-5-405 ;
92 (e) involves more than ten victims in a single episode of human trafficking; or
93 (f) involves a victim who is held against the victim's will for longer than 180
94 consecutive days.
95 (2) (a) Aggravated human trafficking for forced labor or forced sexual exploitation is a
96 first degree felony.
97 (b) Aggravated human trafficking is a separate offense from any other crime committed
98 in relationship to aggravated human trafficking.




Legislative Review Note
as of 2-7-07 6:35 AM

Office of Legislative Research and General Counsel