02-18 15:22 1st Sub. (Buff) H.B. 405
Candice B. Pierucci proposes the following substitute bill:
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Human Trafficking Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill increases penalties for human trafficking offenses.
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Highlighted Provisions:
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This bill:
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▸ increases penalties for human trafficking offenses; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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76-5-308, as last amended by Laws of Utah 2022, Chapter 181
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76-5-308.1, as enacted by Laws of Utah 2022, Chapter 181
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76-5-308.5, as last amended by Laws of Utah 2022, Chapter 181
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76-5-309, as last amended by Laws of Utah 2022, Chapter 181
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76-5-310, as last amended by Laws of Utah 2022, Chapter 181
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76-5-311, as last amended by Laws of Utah 2022, Chapter 181
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 76-5-308 is amended to read:
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76-5-308 . Human trafficking for labor.
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(1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
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(2) An actor commits human trafficking for labor if the actor recruits, harbors, transports,
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obtains, patronizes, or solicits an individual for labor through the use of force, fraud, or
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coercion, which may include:
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(a) threatening serious harm to, or physical restraint against, that individual or another
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individual;
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(b) destroying, concealing, removing, confiscating, or possessing any passport,
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immigration document, or other government-issued identification document;
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(c) abusing or threatening abuse of the law or legal process against the individual or
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another individual;
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(d) using a condition of an individual being a debtor due to a pledge of the individual's
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personal services or the personal services of an individual under the control of the
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debtor as a security for debt where the reasonable value of the services is not applied
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toward the liquidation of the debt or the length and nature of those services are not
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respectively limited and defined;
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(e) using a condition of servitude by means of any scheme, plan, or pattern intended to
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cause an individual to believe that if the individual did not enter into or continue in a
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condition of servitude, the individual or another individual would suffer serious harm
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or physical restraint, or would be threatened with abuse of legal process; or
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(f) creating or exploiting a relationship where the individual is dependent upon the actor.
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(3) A violation of Subsection (2) is a [second] first degree felony.
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(4) Human trafficking for labor includes any labor obtained through force, fraud, or
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coercion as described in Subsection (2).
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(5) This offense is a separate offense from any other crime committed in relationship to the
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commission of this offense.
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Section 2. Section 76-5-308.1 is amended to read:
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76-5-308.1 . Human trafficking for sexual exploitation.
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(1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
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(2) An actor commits human trafficking for sexual exploitation if the actor recruits, harbors,
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transports, obtains, patronizes, or solicits an individual for sexual exploitation through
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the use of force, fraud, or coercion, which may include:
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(a) threatening serious harm to, or physical restraint against, that individual or another
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individual;
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(b) destroying, concealing, removing, confiscating, or possessing any passport,
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immigration document, or other government-issued identification document;
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(c) abusing or threatening abuse of the law or legal process against the individual or
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another individual;
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(d) using a condition of an individual being a debtor due to a pledge of the individual's
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personal services or the personal services of an individual under the control of the
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debtor as a security for debt where the reasonable value of the services is not applied
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toward the liquidation of the debt or the length and nature of those services are not
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respectively limited and defined;
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(e) using a condition of servitude by means of any scheme, plan, or pattern intended to
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cause an individual to believe that if the individual did not enter into or continue in a
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condition of servitude, the individual or another individual would suffer serious harm
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or physical restraint, or would be threatened with abuse of legal process; or
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(f) creating or exploiting a relationship where the individual is dependent upon the actor.
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(3) A violation of Subsection (2) is a [second] first degree felony.
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(4) Human trafficking for sexual exploitation includes all forms of commercial sexual
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activity, which may include the following conduct when the person acts under force,
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fraud, or coercion as described in Subsection (1):
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(a) sexually explicit performance;
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(b) prostitution;
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(c) participation in the production of pornography;
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(d) performance in strip clubs; and
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(e) exotic dancing or display.
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(5) This offense is a separate offense from any other crime committed in relationship to the
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commission of this offense.
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Section 3. Section 76-5-308.5 is amended to read:
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76-5-308.5 . Human trafficking of a child.
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(1)(a) As used in this section, "commercial sexual activity with a child" means any
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sexual act with a child, for which anything of value is given to or received by any
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person.
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(b) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
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(2) An actor commits human trafficking of a child if the actor recruits, harbors, transports,
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obtains, patronizes, or solicits a child for sexual exploitation or forced labor.
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(3) A violation of Subsection (2) is a first degree felony punishable by a term of
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imprisonment of not less than:
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(a) 10 years and which may be for life if the child described in Subsection (2) is 14 years
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old or older but younger than 18 years old; or
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(b) 15 years and which may be for life if the child described in Subsection (2) is under
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14 years old.
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(4)(a) Human trafficking of a child for labor includes any labor obtained through force,
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fraud, or coercion as described in Section 76-5-308.
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(b) Human trafficking of a child for sexual exploitation includes all forms of commercial
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sexual activity with a child, including sexually explicit performance, prostitution,
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participation in the production of pornography, performance in a strip club, and
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exotic dancing or display as described in Section 76-5-308.1.
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(5) This offense is a separate offense from any other crime committed in relationship to the
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commission of this offense.
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Section 4. Section 76-5-309 is amended to read:
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76-5-309 . Benefitting from trafficking and human smuggling.
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(1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
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(2) An actor is a party to the offense if the actor benefits, receives, or exchanges anything of
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value from knowing participation in:
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(a) human trafficking for labor in violation of Section 76-5-308;
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(b) human smuggling in violation of Section 76-5-308.3;
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(c) human trafficking of a child in violation of Section 76-5-308.5; and
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(d) human trafficking for sexual exploitation in violation of Section 76-5-308.1.
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(3)(a) A violation of Subsection (2)(a) or (2)(d) is a [second] first degree felony.
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(b) A violation of Subsection (2)(b) is a third degree felony.
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(c) A violation of Subsection (2)(c) is a first degree felony punishable by a term of
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imprisonment of not less than 10 years and which may be for life.
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(4) An actor commits a separate offense of human trafficking, human trafficking of a child,
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or human smuggling for each individual who is smuggled or trafficked under Section
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76-5-308, 76-5-308.1, 76-5-308.3, 76-5-308.5, 76-5-310, or 76-5-310.1.
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Section 5. Section 76-5-310 is amended to read:
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76-5-310 . Aggravated human trafficking.
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(1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
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(2) An actor commits aggravated human trafficking for labor or sexual exploitation if, in
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the course of committing an offense under Section 76-5-308 or 76-5-308.1, the offense:
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(a) results in the death of a trafficked individual;
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(b) results in serious bodily injury of a trafficked individual;
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(c) involves:
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(i) rape under Section 76-5-402;
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(ii) rape of a child under Section 76-5-402.1;
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(iii) object rape under Section 76-5-402.2;
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(iv) object rape of a child under Section 76-5-402.3;
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(v) forcible sodomy under Section 76-5-403;
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(vi) sodomy on a child under Section 76-5-403.1;
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(vii) aggravated sexual abuse of a child under Section 76-5-404.3; or
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(viii) aggravated sexual assault under Section 76-5-405;
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(d) involves the trafficking of 10 or more individuals; or
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(e) involves an individual trafficked for longer than 30 consecutive days.
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(3) A violation of Subsection (2) is a first degree felony punishable by a term of
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imprisonment of not less than 10 years and which may be for life.
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(4) Aggravated human trafficking is a separate offense from any other crime committed in
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relationship to the commission of the offense.
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Section 6. Section 76-5-311 is amended to read:
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76-5-311 . Human trafficking of a vulnerable adult.
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(1)(a) As used in this section:
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(i) "Commercial sexual activity with a vulnerable adult" means any sexual act with a
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vulnerable adult for which anything of value is given to or received by any
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individual.
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(ii) "Vulnerable adult" means the same as that term is defined in Subsection
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76-5-111(1).
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(b) Terms defined in Section 76-1-101.5 apply to this section.
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(2) An actor commits human trafficking of a vulnerable adult if the actor:
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(a) recruits, harbors, transports, or obtains a vulnerable adult for sexual exploitation or
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forced labor; or
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(b) patronizes or solicits a vulnerable adult for sexual exploitation or forced labor when
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the actor knew or should have known of the victim's vulnerability.
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(3) A violation of Subsection (2) is a first degree felony punishable by a term of
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imprisonment of not less than 10 years and which may be for life.
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(4)(a) Human trafficking of a vulnerable adult for labor includes any labor obtained
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through force, fraud, or coercion as described in Section 76-5-308.
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(b) Human trafficking of a vulnerable adult for sexual exploitation includes all forms of
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commercial sexual activity with a vulnerable adult involving:
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(i) sexually explicit performances;
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(ii) prostitution;
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(iii) participation in the production of pornography;
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(iv) performance in a strip club; or
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(v) exotic dancing or display.
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Section 7. Effective Date.
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This bill takes effect on May 7, 2025.
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