Utah statute
Utah Code Ann. § 76-5-308 — Human trafficking for labor.
Current through 2026 General Session
Part of Part 3: Kidnapping, Trafficking, And Smuggling, Utah Code.
Criminal charges under this statute
Full text of Utah Code Ann. § 76-5-308
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(1)(a) As used in this section: (1)(a)(i) "Commercial sexual act" means the same as that term is defined in Section 76-5-308.1. (1)(a)(ii) "Commercial sexually explicit performance" means the same as that term is defined in Section 76-5-308.1. (1)(a)(iii) "Extortion" means an offense of: (1)(a)(iii)(A) sexual extortion or aggravated sexual extortion under Section 76-5b-204; or (1)(a)(iii)(B) theft by extortion under Section 76-6-406. (1)(a)(iv) "Fraud" means a knowingly false or misleading material representation of fact that is: (1)(a)(iv)(A) made to obtain money, property, a benefit, or a service to which a person is not entitled; (1)(a)(iv)(B) intended to cause another person to rely upon the representation; and (1)(a)(iv)(C) relied upon by another person. (1)(b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits human trafficking for labor if: (2)(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; (2)(b) the labor described in Subsection (2)(a) is not a commercial sexual act or a commercial sexually explicit performance; and (2)(c) the actor's use of force, fraud, or coercion described in Subsection (2)(a) involves: (2)(c)(i) causing, or threatening to cause, serious harm to the individual or another individual; (2)(c)(ii) physically restraining, or threatening to physically restrain, the individual or another individual; (2)(c)(iii) destroying, concealing, removing, confiscating, or unlawfully possessing a passport, immigration document, or other government-issued identification document; (2)(c)(iv) using, or threatening to use, the legal process in an unlawful manner against the individual or another individual; (2)(c)(v) kidnapping, or threatening to kidnap, the individual or another individual; (2)(c)(vi) extortion of the individual or another individual; (2)(c)(vii) facilitating or controlling the individual's access to a controlled substance; or (2)(c)(viii) creating or exploiting a circumstance under which: (2)(c)(viii)(A) the individual is unable to terminate the employment relationship; or (2)(c)(viii)(B) the individual is unlawfully forced to remain in a condition of servitude. (3)(a) A violation of Subsection (2) is a second degree felony if the violation is done knowingly. (3)(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.
Official sources
Legal terms used in this section
Questions this section answers
Is human trafficking for labor a felony or a misdemeanor in Utah?
It depends on the circumstances: human trafficking for labor ranges from a Third Degree Felony to a Second Degree Felony in Utah under Utah Code Ann. § 76-5-308.
Human trafficking for labor — knowing violation: Second Degree Felony (Utah Code Ann. § 76-5-308(3)(a)) · Human trafficking for labor — reckless violation: Third Degree Felony (Utah Code Ann. § 76-5-308(3)(b))
Which Utah statute covers human trafficking for labor?
Human trafficking for labor is governed by Utah Code Ann. § 76-5-308 (Human trafficking for labor).
This reference is informational and is not legal advice.