76-5-308. Human trafficking for labor.

401 words·~2 min read·/ut/title-76/chapter-5/76-5-308

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(a)As used in this section:

(i)"Commercial sexual act" means the same as that term is defined in Section 76-5-308.1 .

(ii)"Commercial sexually explicit performance" means the same as that term is defined in Section 76-5-308.1 .

(iii)"Extortion" means an offense of:

(A)sexual extortion or aggravated sexual extortion under Section 76-5b-204 ; or

(B)theft by extortion under Section 76-6-406 .

(iv)"Fraud" means a knowingly false or misleading material representation of fact that is:

(A)made to obtain money, property, a benefit, or a service to which a person is not entitled;

(B)intended to cause another person to rely upon the representation; and

(C)relied upon by another person.

(b)Terms defined in Section 76-1-101.5 apply to this section.

(2)An actor commits human trafficking for labor if:

(a)the actor enlists, harbors, transports, obtains, or uses an individual for the purpose of procuring or using the individual's labor through the use of force, fraud, or coercion;

(b)the labor described in Subsection (2)(a) is not a commercial sexual act or a commercial sexually explicit performance; and

(c)the actor's use of force, fraud, or coercion described in Subsection (2)(a) involves:

(i)causing, or threatening to cause, serious harm to the individual or another individual;

(ii)physically restraining, or threatening to physically restrain, the individual or another individual;

(iii)destroying, concealing, removing, confiscating, or unlawfully possessing a passport, immigration document, or other government-issued identification document;

(iv)using, or threatening to use, the legal process in an unlawful manner against the individual or another individual;

(v)kidnapping, or threatening to kidnap, the individual or another individual;

(vi)extortion of the individual or another individual;

(vii)facilitating or controlling the individual's access to a controlled substance; or

(viii)creating or exploiting a circumstance under which:

(A)the individual is unable to terminate the employment relationship; or

(B)the individual is unlawfully forced to remain in a condition of servitude.

(a)A violation of Subsection

(2)is a second degree felony if the violation is done knowingly.

(b)A violation of Subsection

(2)is a third degree felony if the violation is done recklessly.

(4)An offense committed under this section is a separate offense from any other offense committed in relationship to the commission of an offense under this section.

Amended by Chapter 247 , 2026 General Session