76-5-308.5. Human trafficking of a child — Penalties.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| first degree felony | 5 years to life | up to $10,000 |
For details, see Utah Code § 76-3-203
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Terms Used In Utah Code 76-5-308.5- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Fraud: Intentional deception resulting in injury to another.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
| (a) |
As used in this section, “commercial sexual activity with a child” means any sexual act with a child, for which anything of value is given to or received by any person. |
|
| (2) |
An actor commits human trafficking of a child if the actor recruits, harbors, transports, obtains, patronizes, or solicits a child for sexual exploitation or forced labor. |
| (3) |
A violation of Subsection (2) is a first degree felony. |
| (4) |
| (a) |
Human trafficking of a child for labor includes any labor obtained through force, fraud, or coercion as described in Section 76-5-308. |
| (b) |
Human trafficking of a child for sexual exploitation includes all forms of commercial sexual activity with a child, including sexually explicit performance, prostitution, participation in the production of pornography, performance in a strip club, and exotic dancing or display as described in Section 76-5-308.1. |
|
| (5) |
This offense is a separate offense from any other crime committed in relationship to the commission of this offense. |
Amended by Chapter 181, 2022 General Session
