H.B. 230 Enrolled

1

HUMAN TRAFFICKING AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Julie Fisher
5 Senate Sponsor: J. Stuart Adams
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding charging the offenses of human
10 trafficking or human smuggling.
11 Highlighted Provisions:
12 This bill:
13 . provides that it is a separate offense regarding each person who is trafficked or
14 smuggled in violation of current law.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 76-5-309, as enacted by Laws of Utah 2008, Chapter 343
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-5-309 is amended to read:
25 76-5-309. Human trafficking and human smuggling -- Penalties.
26 (1) Human trafficking for forced labor and human trafficking for forced sexual
27 exploitation are each a second degree felony, except under Section 76-5-310 .
28 (2) Human smuggling of one or more human beings for profit or for a commercial
29 purpose is a third degree felony, except under Section 76-5-310 .

30 (3) Human trafficking and human smuggling are each a separate offense from any other
31 crime committed in relationship to the commission of either of these offenses.
32 (4) A person who benefits financially or materially by receiving anything of value from
33 knowing participation in:
34 (a) human trafficking is guilty of a second degree felony; and
35 (b) human smuggling is guilty of a third degree felony.
36 (5) A person commits a separate offense of human trafficking or human smuggling for
37 each person who is smuggled or trafficked under Section 76-5-308 or 76-5-310 .