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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Criminal Code regarding the kidnapping, trafficking, and
10 smuggling of persons younger than 18 years of age.
11 Highlighted Provisions:
12 This bill:
13 ▸ modifies the definition of the crime of human trafficking of a child; and
14 ▸ provides that a person who is convicted of human trafficking of a child is guilty of a
15 first degree felony.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-5-309, as last amended by Laws of Utah 2014, Chapters 135 and 141
23 76-5-310, as last amended by Laws of Utah 2013, Chapter 196
24 ENACTS:
25 76-5-308.5, Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-5-308.5 is enacted to read:
29 76-5-308.5. Human trafficking of a child -- Penalties.
30 (1) "Commercial sexual activity with a child" means any sexual act with a child, on
31 account of which anything of value is given to or received by any person.
32 (2) An actor commits human trafficking of a child if the actor recruits, harbors,
33 transports, or obtains a child for sexual exploitation or forced labor.
34 (3) (a) Human trafficking of a child for forced labor includes labor in industrial
35 facilities, sweatshops, households, agricultural enterprises, or any other workplace.
36 (b) Human trafficking of a child for sexual exploitation includes all forms of
37 commercial sexual activity with a child, including sexually explicit performance, prostitution,
38 participation in the production of pornography, performance in a strip club, and exotic dancing
39 or display.
40 (4) Human trafficking of a child in violation of this section is a first degree felony.
41 Section 2. Section 76-5-309 is amended to read:
42 76-5-309. Human trafficking and human smuggling -- Penalties.
43 (1) Human trafficking for forced labor and human trafficking for forced sexual
44 exploitation are each a second degree felony, except under Section 76-5-310.
45 (2) Human smuggling under Section 76-5-308 of one or more persons is a third degree
46 felony, except under Section 76-5-310.
47 (3) Human trafficking for forced labor or for forced sexual exploitation, human
48 trafficking of a child, and human smuggling are each a separate offense from any other crime
49 committed in relationship to the commission of either of these offenses.
50 (4) Under circumstances not amounting to aggravated sexual abuse of a child, a
51 violation of Subsection 76-5-404.1(4)(h), a person who benefits, receives, or exchanges
52 anything of value from knowing participation in:
53 (a) human trafficking for forced labor or for forced sexual exploitation in violation of
54 Section 76-5-308 is guilty of a second degree felony; and
55 (b) human smuggling is guilty of a third degree felony.
56 (5) A person commits a separate offense of human trafficking, human trafficking of a
57 child, or human smuggling for each person who is smuggled or trafficked under Section
58 76-5-308, 76-5-308.5, or 76-5-310.
59 Section 3. Section 76-5-310 is amended to read:
60 76-5-310. Aggravated human trafficking and aggravated human smuggling --
61 Penalties.
62 (1) An actor commits aggravated human trafficking for forced labor or forced sexual
63 exploitation or aggravated human smuggling if, in the course of committing a human
64 trafficking for forced labor or for forced sexual exploitation, a violation of Section 76-5-308, or
65 human smuggling offense under Section 76-5-308, the offense:
66 (a) results in the death of the trafficked or smuggled person;
67 (b) results in serious bodily injury of the trafficked or smuggled person;
68 (c) involves:
69 (i) rape under Section 76-5-402;
70 (ii) rape of a child under Section 76-5-402.1;
71 (iii) object rape under Section 76-5-402.2;
72 (iv) object rape of a child under Section 76-5-402.3;
73 (v) forcible sodomy under Section 76-5-403;
74 (vi) sodomy on a child under Section 76-5-403.1;
75 (vii) aggravated sexual abuse of a child under Section 76-5-404.1; or
76 (viii) aggravated sexual assault under 76-5-405;
77 (d) involves 10 or more victims in a single episode of human trafficking or human
78 smuggling; or
79 (e) involves a victim who is held against the victim's will for longer than 30
80 consecutive days.
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85 smuggling under Section 76-5-308 and any human being whom the person engages in
86 smuggling is:
87 (a) a child; and
88 (b) not accompanied by a family member who is 18 years of age or older.
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90 (b) Aggravated human smuggling is a second degree felony.
91 (c) Aggravated human trafficking and aggravated human smuggling are each a separate
92 offense from any other crime committed in relationship to the commission of either of these
93 offenses.