2
3
4
5
6
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
26
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, on account of
31 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 labor or sexual exploitation.
34 (3) (a) Human trafficking of a child for labor includes labor in industrial facilities,
35 sweatshops, households, agricultural enterprises, and 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 or human trafficking of a child under Section 76-5-308.5 is guilty of a second
55 degree felony; and
56 (b) human smuggling is guilty of a third degree felony.
57 (5) A person commits a separate offense of human trafficking, human trafficking of a
58 child, or human smuggling for each person who is smuggled or trafficked under Section
59 76-5-308, 76-5-308.5, or 76-5-310.
60 Section 3. Section 76-5-310 is amended to read:
61 76-5-310. Aggravated human trafficking and aggravated human smuggling --
62 Penalties.
63 (1) An actor commits aggravated human trafficking for forced labor or forced sexual
64 exploitation or aggravated human smuggling if, in the course of committing a human
65 trafficking for forced labor or for forced sexual exploitation, a violation of Section 76-5-308, or
66 human smuggling offense under Section 76-5-308, the offense:
67 (a) results in the death of the trafficked or smuggled person;
68 (b) results in serious bodily injury of the trafficked or smuggled person;
69 (c) involves:
70 (i) rape under Section 76-5-402;
71 (ii) rape of a child under Section 76-5-402.1;
72 (iii) object rape under Section 76-5-402.2;
73 (iv) object rape of a child under Section 76-5-402.3;
74 (v) forcible sodomy under Section 76-5-403;
75 (vi) sodomy on a child under Section 76-5-403.1;
76 (vii) aggravated sexual abuse of a child under Section 76-5-404.1; or
77 (viii) aggravated sexual assault under 76-5-405;
78 (d) involves 10 or more victims in a single episode of human trafficking or human
79 smuggling; or
80 (e) involves a victim who is held against the victim's will for longer than 30
81 consecutive days.
82 [
83
84
85 [
86 smuggling under Section 76-5-308 and any human being whom the person engages in
87 smuggling is:
88 (a) a child; and
89 (b) not accompanied by a family member who is 18 years of age or older.
90 [
91 (b) Aggravated human smuggling is a second degree felony.
92 (c) Aggravated human trafficking and aggravated human smuggling are each a separate
93 offense from any other crime committed in relationship to the commission of either of these
94 offenses.
Legislative Review Note
as of 2-4-15 8:53 AM
Office of Legislative Research and General Counsel