77-38-15. Civil action against human traffickers and human smugglers.
| (1) |
A victim of a person that commits any of the following offenses may bring a civil action against that person:
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Terms Used In Utah Code 77-38-15- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :Utah Code 68-3-12.5
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
human trafficking for labor under Section 76-5-308; |
| (b) |
human trafficking for sexual exploitation under Section 76-5-308.1; |
| (d) |
human trafficking of a child under Section 76-5-308.5; |
| (e) |
aggravated human trafficking under Section 76-5-310; |
| (f) |
aggravated human smuggling under Section 76-5-310.1; or |
| (g) |
benefitting from human trafficking under Section 76-5-309. |
|
| (2) |
| (a) |
The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief. |
| (b) |
The court may award treble damages on proof of actual damages if the court finds that the person’s acts were willful and malicious. |
|
| (3) |
In an action under this section, the court shall award a prevailing victim reasonable attorney fees and costs. |
| (4) |
An action under this section shall be commenced no later than 10 years after the later of:
| (a) |
the day on which the victim was freed from the human trafficking or human smuggling situation; |
| (b) |
the day on which the victim attains 18 years old; or |
| (c) |
if the victim was unable to bring an action due to a disability, the day on which the victim’s disability ends. |
|
| (5) |
The time period described in Subsection (4) is tolled during a period of time when the victim fails to bring an action due to the person:
| (a) |
inducing the victim to delay filing the action; |
| (b) |
preventing the victim from filing the action; or |
| (c) |
threatening and causing duress upon the victim in order to prevent the victim from filing the action. |
|
| (7) |
A victim may bring an action described in this section in any court of competent jurisdiction where:
| (a) |
a violation described in Subsection (1) occurred; |
| (b) |
the victim resides; or |
| (c) |
the person that commits the offense resides or has a place of business. |
|
| (8) |
If the victim is deceased or otherwise unable to represent the victim’s own interests in court, a legal guardian, family member, representative of the victim, or court appointee may bring an action under this section on behalf of the victim. |
| (9) |
This section does not preclude any other remedy available to the victim under the laws of this state or under federal law. |
Amended by Chapter 430, 2022 General Session
