76-5-308.5. Human trafficking of a child for labor.

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

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)"Child" means an individual who is younger than 18 years old.

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

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

(iv)"Extortion" means the same as that term is defined in Section 76-5-308 .

(v)"Fraud" means the same as that term is defined in Section 76-5-308 .

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

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

(a)the actor enlists, harbors, transports, obtains, or uses a child for the purpose of procuring or using the child's labor through the use of force, fraud, or coercion of either the child or an individual who has the ability to control the actions of the child;

(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 child or another individual;

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

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

(vi)extortion of the child or another individual;

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

(viii)creating or exploiting a circumstance under which:

(A)the child, or an individual who has the ability to control the actions of the child, is unable to terminate the employment relationship; or

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

(a)A violation of Subsection

(2)that is done knowingly is a first degree felony punishable by a term of imprisonment of not less than:

(i)10 years and which may be for life if the child described in Subsection

(2)is 14 years old or older but younger than 18 years old; or

(ii)15 years and which may be for life if the child described in Subsection

(2)is under 14 years old.

(b)A violation of Subsection

(2)that is done recklessly is a second degree felony.

(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.

(5)In accordance with Section 76-2-304.5 , it is not a defense to a prosecution under this section that the actor mistakenly believed the child described in Subsection

(2)was 18 years old or older at the time of the violation of Subsection

(2)or was unaware of the child's true age.

Amended by Chapter 247 , 2026 General Session