7 LONG TITLE
8 General Description:
9 This bill modifies the offenses of human smuggling, aggravated human smuggling, and
10 aggravated human trafficking.
11 Highlighted Provisions:
12 This bill:
13 ▸ increases the penalty for human smuggling from a third degree felony to a second
14 degree felony;
15 ▸ increases the penalty for aggravated human smuggling from a second degree felony
16 to a first degree felony; and
17 ▸ removes the requirement of "in a single episode" when there are 10 or more victims
18 from the offenses of aggravated human smuggling and aggravated human
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 76-5-309, as last amended by Laws of Utah 2020, Chapter 108
27 76-5-310, as last amended by Laws of Utah 2020, Chapter 108
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 76-5-309 is amended to read:
31 76-5-309. Human trafficking and human smuggling -- Penalties.
32 (1) Human trafficking for labor and human trafficking for sexual exploitation are each
33 a second degree felony, except under Section 76-5-310.
34 (2) Human smuggling under Section 76-5-308 of one or more persons is a [
35 second degree felony, except under Section 76-5-310.
36 (3) Human trafficking for labor or for sexual exploitation, human trafficking of a child,
37 and human smuggling are each a separate offense from any other crime committed in
38 relationship to the commission of either of these offenses.
39 (4) Under circumstances not amounting to aggravated sexual abuse of a child, a
40 violation of Subsection 76-5-404.1(4)(h), a person who benefits, receives, or exchanges
41 anything of value from knowing participation in:
42 (a) human trafficking for labor or for sexual exploitation in violation of Section
43 76-5-308 is guilty of a second degree felony;
44 (b) human smuggling is guilty of a third degree felony; and
45 (c) human trafficking of a child is guilty of a first degree felony.
46 (5) A person commits a separate offense of human trafficking, human trafficking of a
47 child, or human smuggling for each person who is smuggled or trafficked under Section
48 76-5-308, 76-5-308.5, or 76-5-310.
49 Section 2. Section 76-5-310 is amended to read:
50 76-5-310. Aggravated human trafficking and aggravated human smuggling --
52 (1) An actor commits aggravated human trafficking for labor or sexual exploitation or
53 aggravated human smuggling if, in the course of committing an offense under Section
54 76-5-308, the offense:
55 (a) results in the death of the trafficked or smuggled person;
56 (b) results in serious bodily injury of the trafficked or smuggled person;
57 (c) involves:
58 (i) rape under Section 76-5-402;
59 (ii) rape of a child under Section 76-5-402.1;
60 (iii) object rape under Section 76-5-402.2;
61 (iv) object rape of a child under Section 76-5-402.3;
62 (v) forcible sodomy under Section 76-5-403;
63 (vi) sodomy on a child under Section 76-5-403.1;
64 (vii) aggravated sexual abuse of a child under Section 76-5-404.1; or
65 (viii) aggravated sexual assault under Section 76-5-405;
66 (d) involves 10 or more victims [
68 (e) involves a victim trafficked for longer than 30 consecutive days.
69 (2) An actor commits aggravated human smuggling if the actor commits human
70 smuggling under Section 76-5-308 and any human being whom the person engages in
71 smuggling is:
72 (a) a child; and
73 (b) not accompanied by a family member who is 18 years of age or older.
74 (3) (a) Aggravated human trafficking is a first degree felony.
75 (b) Aggravated human smuggling is a [
76 (c) Aggravated human trafficking and aggravated human smuggling are each a separate
77 offense from any other crime committed in relationship to the commission of either of these