Chief Sponsor: Angela Romero

Senate Sponsor: Jacob L. Anderegg


8     General Description:
9          This bill clarifies and amends certain language regarding human trafficking and creates
10     an offense for trafficking a vulnerable adult.
11     Highlighted Provisions:
12          This bill:
13          ▸     clarifies that human trafficking of a child is an offense for which no statute of
14     limitations applies;
15          ▸     clarifies that those who knowingly benefit from human trafficking of a child can be
16     charged as perpetrators;
17          ▸     clarifies that victims of human trafficking may pursue civil actions against anyone
18     who knowingly benefitted from the trafficking;
19          ▸     replaces references to "children engaged in prostitution" with "children engaged in
20     commercial sex";
21          ▸     directs law enforcement to investigate possible human trafficking of a child when
22     they encounter a child engaged in commercial sex; and
23          ▸     creates a first degree felony offense for trafficking a vulnerable adult.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:

30          76-1-301, as last amended by Laws of Utah 2013, Chapter 196
31          76-5-305, as enacted by Laws of Utah 2001, Chapter 301
32          76-5-309, as last amended by Laws of Utah 2015, Chapter 160
33          76-10-1302, as last amended by Laws of Utah 2017, Chapter 433
34          77-38-15, as last amended by Laws of Utah 2017, Chapter 447
35     ENACTS:
36          76-5-311, Utah Code Annotated 1953

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 76-1-301 is amended to read:
40          76-1-301. Offenses for which prosecution may be commenced at any time.
41          (1) As used in this section:
42          (a) "Aggravating offense" means any offense incident to which a homicide was
43     committed as described in Subsection 76-5-202(1)(d) or (e) or Subsection 76-5-202(2).
44          (b) "Predicate offense" means an offense described in Section 76-5-203(1) if a person
45     other than a party as defined in Section 76-2-202 was killed in the course of the commission,
46     attempted commission, or immediate flight from the commission or attempted commission of
47     the offense.
48          (2) Notwithstanding any other provisions of this code, prosecution for the following
49     offenses may be commenced at any time:
50          (a) capital felony;
51          (b) aggravated murder;
52          (c) murder;
53          (d) manslaughter;
54          (e) child abuse homicide;
55          (f) aggravated kidnapping;
56          (g) child kidnapping;
57          (h) rape;

58          (i) rape of a child;
59          (j) object rape;
60          (k) object rape of a child;
61          (l) forcible sodomy;
62          (m) sodomy on a child;
63          (n) sexual abuse of a child;
64          (o) aggravated sexual abuse of a child;
65          (p) aggravated sexual assault;
66          (q) any predicate offense to a murder or aggravating offense to an aggravated murder;
67          (r) aggravated human trafficking or aggravated human smuggling in violation of
68     Section 76-5-310; [or]
69          (s) aggravated exploitation of prostitution involving a child, under Section
70     76-10-1306[.]; or
71          (t) human trafficking of a child, under Section 76-5-308.5.
72          Section 2. Section 76-5-305 is amended to read:
73          76-5-305. Defenses.
74          (1) It is a defense under this part that:
75          [(1)] (a) the actor was acting under a reasonable belief that:
76          [(a)] (i) the conduct was necessary to protect any person from imminent bodily injury
77     or death; or
78          [(b)] (ii) the detention or restraint was authorized by law; or
79          [(2)] (b) the alleged victim is younger than 18 years of age or is mentally incompetent,
80     and the actor was acting under a reasonable belief that the custodian, guardian, legal guardian,
81     custodial parent, or person acting in loco parentis to the victim would, if present, have
82     consented to the actor's conduct.
83          (2) Subsection (1)(b) may not be used as a defense to conduct described in Section
84     76-5-308.5.
85          Section 3. Section 76-5-309 is amended to read:

86          76-5-309. Human trafficking and human smuggling -- Penalties.
87          (1) Human trafficking for forced labor and human trafficking for forced sexual
88     exploitation are each a second degree felony, except under Section 76-5-310.
89          (2) Human smuggling under Section 76-5-308 of one or more persons is a third degree
90     felony, except under Section 76-5-310.
91          (3) Human trafficking for forced labor or for forced sexual exploitation, human
92     trafficking of a child, and human smuggling are each a separate offense from any other crime
93     committed in relationship to the commission of either of these offenses.
94          (4) Under circumstances not amounting to aggravated sexual abuse of a child, a
95     violation of Subsection 76-5-404.1(4)(h), a person who benefits, receives, or exchanges
96     anything of value from knowing participation in:
97          (a) human trafficking for forced labor or for forced sexual exploitation in violation of
98     Section 76-5-308 is guilty of a second degree felony; [and]
99          (b) human smuggling is guilty of a third degree felony[.]; and
100          (c) human trafficking of a child is guilty of a first degree felony.
101          (5) A person commits a separate offense of human trafficking, human trafficking of a
102     child, or human smuggling for each person who is smuggled or trafficked under Section
103     76-5-308, 76-5-308.5, or 76-5-310.
104          Section 4. Section 76-5-311 is enacted to read:
105          76-5-311. Human trafficking of a vulnerable adult -- Penalties.
106          (1) As used in this section:
107          (a) "Commercial sexual activity with a vulnerable adult" means any sexual act with a
108     vulnerable adult for which anything of value is given to or received by any individual.
109          (b) "Vulnerable adult" means the same as that term is defined in Subsection
110     76-5-111(1).
111          (2) An actor commits human trafficking of a vulnerable adult if the actor:
112          (a) recruits, harbors, transports, or obtains a vulnerable adult for sexual exploitation or
113     forced labor; or

114          (b) patronizes or solicits a vulnerable adult for sexual exploitation or forced labor when
115     the actor knew or should have known of the victim's vulnerability.
116          (3) (a) Human trafficking of a vulnerable adult for forced labor includes forced labor
117     in:
118          (i) industrial facilities;
119          (ii) sweatshops;
120          (iii) households;
121          (iv) agricultural enterprises; or
122          (v) any other workplace.
123          (b) Human trafficking of a vulnerable adult for sexual exploitation includes all forms
124     of commercial sexual activity with a vulnerable adult involving:
125          (i) sexually explicit performances;
126          (ii) prostitution;
127          (iii) participation in the production of pornography;
128          (iv) performance in a strip club; or
129          (v) exotic dancing or display.
130          (4) Human trafficking of a vulnerable adult in violation of this section is a first degree
131     felony.
132          Section 5. Section 76-10-1302 is amended to read:
133          76-10-1302. Prostitution.
134          (1) An individual is guilty of prostitution when the individual:
135          (a) engages, offers, or agrees to engage in any sexual activity with another individual
136     for a fee, or the functional equivalent of a fee;
137          (b) takes steps in arranging a meeting through any form of advertising, agreeing to
138     meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
139     or the functional equivalent of a fee; or
140          (c) loiters in or within view of any public place for the purpose of being hired to
141     engage in sexual activity.

142          (2) (a) Except as provided in Subsection (2)(b) or Section 76-10-1309, prostitution is a
143     class B misdemeanor.
144          (b) Except as provided in Section 76-10-1309, an individual who is convicted a second
145     time, and on all subsequent convictions, of a subsequent offense of prostitution under this
146     section or under a local ordinance adopted in compliance with Section 76-10-1307, is guilty of
147     a class A misdemeanor.
148          (3) (a) As used in this Subsection (3):
149          (i) "Child" means the same as that term is defined in Section 76-10-1301.
150          (ii) "Child engaged in [prostitution] commercial sex" means a child who engages in
151     conduct described in Subsection (1).
152          (iii) "Child engaged in sexual solicitation" means a child who offers or agrees to
153     commit or engage in any sexual activity with another person for a fee or the functional
154     equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).
155          (iv) "Division" means the Division of Child and Family Services created in Section
156     62A-4a-103.
157          (v) "Receiving center" means the same as that term is defined in Section 62A-7-101.
158          (b) Upon encountering a child engaged in [prostitution] commercial sex or sexual
159     solicitation, a law enforcement officer shall:
160          (i) conduct an investigation regarding possible human trafficking of the child pursuant
161     to Section 76-5-308 and Section 76-5-308.5;
162          (ii) refer the child to the division;
163          (iii) if an arrest is made, bring the child to a receiving center, if available; and
164          (iv) contact the child's parent or guardian, if practicable.
165          (c) When law enforcement has referred the child to the division under Subsection
166     (3)(b)(ii):
167          (i) the division shall provide services to the child under Title 62A, Chapter 4a, Child
168     and Family Services; and
169          (ii) the child may not be subjected to delinquency proceedings under Title 62A,

170     Chapter 7, Juvenile Justice Services, and Section 78A-6-601 through Section 78A-6-704.
171          Section 6. Section 77-38-15 is amended to read:
172          77-38-15. Civil action against human traffickers and human smugglers.
173          (1) A victim of a person that commits the offense of human trafficking or human
174     smuggling under Section 76-5-308, human trafficking of a child under Section 76-5-308.5, [or]
175     aggravated human trafficking or aggravated human smuggling under Section 76-5-310, or
176     benefitting from human trafficking under Subsection 76-5-309(4) may bring a civil action
177     against that person.
178          (2) (a) The court may award actual damages, compensatory damages, punitive
179     damages, injunctive relief, or any other appropriate relief.
180          (b) The court may award treble damages on proof of actual damages if the court finds
181     that the person's acts were willful and malicious.
182          (3) In an action under this section, the court shall award a prevailing victim reasonable
183     attorney fees and costs.
184          (4) An action under this section shall be commenced no later than 10 years after the
185     later of:
186          (a) the day on which the victim was freed from the human trafficking or human
187     smuggling situation;
188          (b) the day on which the victim attains 18 years of age; or
189          (c) if the victim was unable to bring an action due to a disability, the day on which the
190     victim's disability ends.
191          (5) The time period described in Subsection (4) is tolled during a period of time when
192     the victim fails to bring an action due to the person:
193          (a) inducing the victim to delay filing the action;
194          (b) preventing the victim from filing the action; or
195          (c) threatening and causing duress upon the victim in order to prevent the victim from
196     filing the action.
197          (6) The court shall offset damages awarded to the victim under this section by any

198     restitution paid to the victim under Title 77, Chapter 38a, Crime Victims Restitution Act.
199          (7) A victim may bring an action described in this section in any court of competent
200     jurisdiction where:
201          (a) a violation described in Subsection (1) occurred;
202          (b) the victim resides; or
203          (c) the person that commits the offense resides or has a place of business.
204          (8) If the victim is deceased or otherwise unable to represent the victim's own interests
205     in court, a legal guardian, family member, representative of the victim, or court appointee may
206     bring an action under this section on behalf of the victim.
207          (9) This section does not preclude any other remedy available to the victim under the
208     laws of this state or under federal law.