H.B. 339

1

HUMAN TRAFFICKING AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Christopher N. Herrod
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill criminalizes human trafficking and human smuggling.
10 Highlighted Provisions:
11 This bill:
12 . criminalizes human smuggling for profit or commercial purposes;
13 . criminalizes human trafficking for forced labor and for sexual exploitation;
14 . distinguishes between human trafficking and aggravated human trafficking; and
15 . distinguishes between human smuggling and aggravated human smuggling.
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 76-5-309, Utah Code Annotated 1953
25 76-5-310, Utah Code Annotated 1953
26 76-5-311, Utah Code Annotated 1953
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 76-5-307 is enacted to read:
30 Part 3. Kidnapping, Trafficking, and Smuggling
31 76-5-307. Definitions.
32 As used in Sections 76-5-308 through 76-5-312 of this part:
33 (1) "Family member" means a person's parent, grandparent, sibling, or any other person
34 related to the person by consanguinity or affinity to the second degree.
35 (2) "Smuggling of human beings" means the transportation or procurement of
36 transportation for one or more persons by an actor who knows or has reason to know that the
37 person or persons transported or to be transported are not:
38 (a) citizens of the United States;
39 (b) permanent resident aliens; or
40 (c) otherwise lawfully in this state or entitled to be in this state.
41 Section 2. Section 76-5-308 is enacted to read:
42 76-5-308. Human trafficking.
43 (1) An actor commits human trafficking for forced labor or forced sexual exploitation
44 if the actor recruits, harbors, transports, or obtains a person through the use of force, fraud, or
45 coercion by means of:
46 (a) threatening serious harm to, or physical restraint against, that person or a third
47 person;
48 (b) destroying, concealing, removing, confiscating, or possessing any passport,
49 immigration document, or other government identification document;
50 (c) abusing or threatening abuse of the law or legal process against the person or a third
51 person;
52 (d) using a condition of a person being a debtor due to a pledge of the debtor's personal
53 services or the personal services of a person under the control of the debtor as a security for
54 debt where the reasonable value of the services is not applied toward the liquidation of the debt
55 or the length and nature of those services are not respectively limited and defined; or
56 (e) using a condition of servitude by means of any scheme, plan, or pattern intended to
57 cause a person to believe that if the person did not enter into or continue in a condition of
58 servitude, that person or a third person would suffer serious harm or physical restraint, or

59 would be threatened with abuse of legal process.
60 (2) (a) Human trafficking for forced labor includes forced labor in industrial facilities,
61 sweatshops, households, agricultural enterprises, and any other workplace.
62 (b) Human trafficking for forced sexual exploitation includes all forms of forced
63 commercial sexual activity, including forced sexually explicit performance, forced prostitution,
64 forced participation in the production of pornography, forced performance in strip clubs, and
65 forced exotic dancing or display.
66 Section 3. Section 76-5-309 is enacted to read:
67 76-5-309. Human trafficking and human smuggling -- Penalties.
68 (1) Human trafficking for forced labor and human trafficking for forced sexual
69 exploitation are each a second degree felony, except under Section 76-5-310 .
70 (2) Human smuggling of one or more human beings for profit or for a commercial
71 purpose is a second degree felony, except under Section 76-5-310 .
72 (3) Human trafficking and human smuggling are each a separate offense from any other
73 crime committed in relationship to the commission of either of these offenses.
74 (4) A person who benefits financially or materially by receiving anything of value from
75 knowing participation in human trafficking or human smuggling is guilty of a second degree
76 felony.
77 Section 4. Section 76-5-310 is enacted to read:
78 76-5-310. Aggravated human trafficking and aggravated human smuggling --
79 Penalties.
80 (1) An actor commits aggravated human trafficking for forced labor or forced sexual
81 exploitation or aggravated human smuggling if, in the course of committing a human
82 trafficking or human smuggling offense under Section 76-5-309 , the offense:
83 (a) results in the death of the trafficked or smuggled person;
84 (b) results in serious bodily injury of the trafficked or smuggled person;
85 (c) involves:
86 (i) rape under Section 76-5-402 ;
87 (ii) rape of a child under Section 76-5-402.1 ;
88 (iii) object rape under Section 76-5-402.2 ;
89 (iv) object rape of a child under Section 76-5-402.3 ;

90 (v) forcible sodomy under Section 76-5-403 ;
91 (vi) sodomy on a child under Section 76-5-403.1 ;
92 (vii) aggravated sexual abuse of a child under Section 76-5-404.1 ; or
93 (viii) aggravated sexual assault under 76-5-405 ;
94 (d) involves more than ten victims in a single episode of human trafficking or human
95 smuggling; or
96 (e) involves a victim who is held against the victim's will for longer than 180
97 consecutive days.
98 (2) An actor commits aggravated human trafficking for forced labor or forced sexual
99 exploitation if the offense involves a victim who is younger than 18 years of age at the time of
100 the commission of the offense of trafficking.
101 (3) An actor commits aggravated human smuggling if the actor commits human
102 smuggling under Subsection 76-5-309 (2) and any human being whom the person engages in
103 smuggling is:
104 (a) younger than 18 years of age; and
105 (b) not accompanied by a family member who is 18 years of age or older.
106 (4) (a) Aggravated human trafficking for forced labor or forced sexual exploitation and
107 aggravated human smuggling for profit or commercial purposes are each a first degree felony.
108 (b) Aggravated human trafficking and aggravated human smuggling are each a separate
109 offense from any other crime committed in relationship to the commission of either of these
110 offenses.
111 Section 5. Section 76-5-311 is enacted to read:
112 76-5-311. Affirmative defense.
113 Human trafficking is an affirmative defense to prosecution of a person for a criminal
114 violation directly related to the defendant's status as a victim of a crime that is a violation of
115 this section.




Legislative Review Note
as of 12-5-07 7:55 AM

Office of Legislative Research and General Counsel