This document includes House Floor Amendments incorporated into the bill on Mon, Jan 28, 2019 at 4:11 PM by ngarrow.1
7 LONG TITLE
8 Committee Note:
9 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
10 General Description:
11 This bill clarifies and amends certain language regarding human trafficking and creates
12 an offense for trafficking a vulnerable adult.
13 Highlighted Provisions:
14 This bill:
15 ▸ clarifies that human trafficking of a child is an offense for which no statute of
16 limitations applies;
17 ▸ clarifies that those who knowingly benefit from human trafficking of a child can be
18 charged as perpetrators;
19 ▸ clarifies that victims of human trafficking may pursue civil actions against anyone
20 who knowingly benefitted from the trafficking;
21 ▸ replaces references to "children engaged in prostitution" with "children engaged in
22 commercial sex";
23 ▸ directs law enforcement to investigate possible human trafficking of a child when
24 they encounter a child engaged in commercial sex; and
25 ▸ creates a first degree felony offense for trafficking a vulnerable adult.
26 Money Appropriated in this Bill:
28 Other Special Clauses:
30 Utah Code Sections Affected:
32 76-1-301, as last amended by Laws of Utah 2013, Chapter 196
33 76-5-305, as enacted by Laws of Utah 2001, Chapter 301
34 76-5-309, as last amended by Laws of Utah 2015, Chapter 160
35 76-10-1302, as last amended by Laws of Utah 2017, Chapter 433
36 77-38-15, as last amended by Laws of Utah 2017, Chapter 447
38 76-5-311, Utah Code Annotated 1953
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 76-1-301 is amended to read:
42 76-1-301. Offenses for which prosecution may be commenced at any time.
43 (1) As used in this section:
44 (a) "Aggravating offense" means any offense incident to which a homicide was
45 committed as described in Subsection 76-5-202(1)(d) or (e) or Subsection 76-5-202(2).
46 (b) "Predicate offense" means an offense described in Section 76-5-203(1) if a person
47 other than a party as defined in Section 76-2-202 was killed in the course of the commission,
48 attempted commission, or immediate flight from the commission or attempted commission of
49 the offense.
50 (2) Notwithstanding any other provisions of this code, prosecution for the following
51 offenses may be commenced at any time:
52 (a) capital felony;
53 (b) aggravated murder;
54 (c) murder;
55 (d) manslaughter;
56 (e) child abuse homicide;
57 (f) aggravated kidnapping;
58 (g) child kidnapping;
59 (h) rape;
60 (i) rape of a child;
61 (j) object rape;
62 (k) object rape of a child;
63 (l) forcible sodomy;
64 (m) sodomy on a child;
65 (n) sexual abuse of a child;
66 (o) aggravated sexual abuse of a child;
67 (p) aggravated sexual assault;
68 (q) any predicate offense to a murder or aggravating offense to an aggravated murder;
69 (r) aggravated human trafficking or aggravated human smuggling in violation of
70 Section 76-5-310; [
71 (s) aggravated exploitation of prostitution involving a child, under Section
73 (t) human trafficking of a child, under Section 76-5-308.5.
74 Section 2. Section 76-5-305 is amended to read:
75 76-5-305. Defenses.
76 (1) It is a defense under this part that:
79 or death; or
82 and the actor was acting under a reasonable belief that the custodian, guardian, legal guardian,
83 custodial parent, or person acting in loco parentis to the victim would, if present, have
84 consented to the actor's conduct.
85 (2) Subsection (1)(b) may not be used as a defense to conduct described in Section
87 Section 3. Section 76-5-309 is amended to read:
88 76-5-309. Human trafficking and human smuggling -- Penalties.
89 (1) Human trafficking for forced labor and human trafficking for forced sexual
90 exploitation are each a second degree felony, except under Section 76-5-310.
91 (2) Human smuggling under Section 76-5-308 of one or more persons is a third degree
92 felony, except under Section 76-5-310.
93 (3) Human trafficking for forced labor or for forced sexual exploitation, human
94 trafficking of a child, and human smuggling are each a separate offense from any other crime
95 committed in relationship to the commission of either of these offenses.
96 (4) Under circumstances not amounting to aggravated sexual abuse of a child, a
97 violation of Subsection 76-5-404.1(4)(h), a person who benefits, receives, or exchanges
98 anything of value from knowing participation in:
99 (a) human trafficking for forced labor or for forced sexual exploitation in violation of
100 Section 76-5-308 is guilty of a second degree felony; [
101 (b) human smuggling is guilty of a third degree felony[
102 (c) human trafficking of a child is guilty of a first degree felony.
103 (5) A person commits a separate offense of human trafficking, human trafficking of a
104 child, or human smuggling for each person who is smuggled or trafficked under Section
105 76-5-308, 76-5-308.5, or 76-5-310.
106 Section 4. Section 76-5-311 is enacted to read:
107 76-5-311. Human trafficking of a vulnerable adult -- Penalties.
108 (1) As used in this section:
109 (a) "Commercial sexual activity with a vulnerable adult" means any sexual act with a
110 vulnerable adult for which anything of value is given to or received by any individual.
111 (b) "Vulnerable adult" means the same as that term is defined in Subsection
113 (2) An actor commits human trafficking of a vulnerable adult if the actor:
114 (a) recruits, harbors, transports, or obtains a vulnerable adult for sexual exploitation or
115 forced labor; or
116 (b) patronizes or solicits a vulnerable adult for sexual exploitation or forced labor when
117 the actor knew or should have known of the victim's vulnerability.
118 (3) (a) Human trafficking of a vulnerable adult for forced labor includes forced labor
120 (i) industrial facilities;
121 (ii) sweatshops;
122 (iii) households;
123 (iv) agricultural enterprises; or
124 (v) any other workplace.
125 (b) Human trafficking of a vulnerable adult for sexual exploitation includes all forms
126 of commercial sexual activity with a vulnerable adult involving:
127 (i) sexually explicit performances;
128 (ii) prostitution;
129 (iii) participation in the production of pornography;
130 (iv) performance in a strip club; or
131 (v) exotic dancing or display.
132 (4) Human trafficking of a vulnerable adult in violation of this section is a first degree
134 Section 5. Section 76-10-1302 is amended to read:
135 76-10-1302. Prostitution.
136 (1) An individual is guilty of prostitution when the individual:
137 (a) engages, offers, or agrees to engage in any sexual activity with another individual
138 for a fee, or the functional equivalent of a fee;
139 (b) takes steps in arranging a meeting through any form of advertising, agreeing to
140 meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
141 or the functional equivalent of a fee; or
142 (c) loiters in or within view of any public place for the purpose of being hired to
143 engage in sexual activity.
144 (2) (a) Except as provided in Subsection (2)(b) or Section 76-10-1309, prostitution is a
145 class B misdemeanor.
146 (b) Except as provided in Section 76-10-1309, an individual who is convicted a second
147 time, and on all subsequent convictions, of a subsequent offense of prostitution under this
148 section or under a local ordinance adopted in compliance with Section 76-10-1307, is guilty of
149 a class A misdemeanor.
150 (3) (a) As used in this Subsection (3):
151 (i) "Child" means the same as that term is defined in Section 76-10-1301.
152 (ii) "Child engaged in [
153 conduct described in Subsection (1).
154 (iii) "Child engaged in sexual solicitation" means a child who offers or agrees to
155 commit or engage in any sexual activity with another person for a fee or the functional
156 equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).
157 (iv) "Division" means the Division of Child and Family Services created in Section
159 (v) "Receiving center" means the same as that term is defined in Section 62A-7-101.
160 (b) Upon encountering a child engaged in Ĥ→ [
160a solicitation, a law
161 enforcement officer shall:
162 (i) conduct an investigation regarding possible human trafficking of the child pursuant
163 to Section 76-5-308 and Section 76-5-308.5;
164 (ii) refer the child to the division;
165 (iii) if an arrest is made, bring the child to a receiving center, if available; and
166 (iv) contact the child's parent or guardian, if practicable.
167 (c) When law enforcement has referred the child to the division under Subsection
169 (i) the division shall provide services to the child under Title 62A, Chapter 4a, Child
170 and Family Services; and
171 (ii) the child may not be subjected to delinquency proceedings under Title 62A,
172 Chapter 7, Juvenile Justice Services, and Section 78A-6-601 through Section 78A-6-704.
173 Section 6. Section 77-38-15 is amended to read:
174 77-38-15. Civil action against human traffickers and human smugglers.
175 (1) A victim of a person that commits the offense of human trafficking or human
176 smuggling under Section 76-5-308, human trafficking of a child under Section 76-5-308.5, [
177 aggravated human trafficking or aggravated human smuggling under Section 76-5-310, or
178 benefitting from human trafficking under Subsection 76-5-309(4) may bring a civil action
179 against that person.
180 (2) (a) The court may award actual damages, compensatory damages, punitive
181 damages, injunctive relief, or any other appropriate relief.
182 (b) The court may award treble damages on proof of actual damages if the court finds
183 that the person's acts were willful and malicious.
184 (3) In an action under this section, the court shall award a prevailing victim reasonable
185 attorney fees and costs.
186 (4) An action under this section shall be commenced no later than 10 years after the
187 later of:
188 (a) the day on which the victim was freed from the human trafficking or human
189 smuggling situation;
190 (b) the day on which the victim attains 18 years of age; or
191 (c) if the victim was unable to bring an action due to a disability, the day on which the
192 victim's disability ends.
193 (5) The time period described in Subsection (4) is tolled during a period of time when
194 the victim fails to bring an action due to the person:
195 (a) inducing the victim to delay filing the action;
196 (b) preventing the victim from filing the action; or
197 (c) threatening and causing duress upon the victim in order to prevent the victim from
198 filing the action.
199 (6) The court shall offset damages awarded to the victim under this section by any
200 restitution paid to the victim under Title 77, Chapter 38a, Crime Victims Restitution Act.
201 (7) A victim may bring an action described in this section in any court of competent
202 jurisdiction where:
203 (a) a violation described in Subsection (1) occurred;
204 (b) the victim resides; or
205 (c) the person that commits the offense resides or has a place of business.
206 (8) If the victim is deceased or otherwise unable to represent the victim's own interests
207 in court, a legal guardian, family member, representative of the victim, or court appointee may
208 bring an action under this section on behalf of the victim.
209 (9) This section does not preclude any other remedy available to the victim under the
210 laws of this state or under federal law.