Utah statute
Utah Code Ann. § 76-5-308.5 — Human trafficking of a child 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. § 76-5-308.5
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) "Child" means an individual who is younger than 18 years old. (1)(a)(ii) "Commercial sexual act" means the same as that term is defined in Section 76-5-308.1. (1)(a)(iii) "Commercial sexually explicit performance" means the same as that term is defined in Section 76-5-308.1. (1)(a)(iv) "Extortion" means the same as that term is defined in Section 76-5-308. (1)(a)(v) "Fraud" means the same as that term is defined in Section 76-5-308. (1)(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: (2)(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; (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 child or another individual; (2)(c)(ii) physically restraining, or threatening to physically restrain, the child 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 child or another individual; (2)(c)(v) kidnapping, or threatening to kidnap, the child or another individual; (2)(c)(vi) extortion of the child or another individual; (2)(c)(vii) facilitating or controlling the child's access to a controlled substance; or (2)(c)(viii) creating or exploiting a circumstance under which: (2)(c)(viii)(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 (2)(c)(viii)(B) the child is unlawfully forced to remain in a condition of servitude. (3)(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: (3)(a)(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 (3)(a)(ii) 15 years and which may be for life if the child described in Subsection (2) is under 14 years old. (3)(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.
Official sources
Legal terms used in this section
Questions this section answers
Is human trafficking of a child for labor a felony or a misdemeanor in Utah?
Human trafficking of a child for labor is a Second Degree Felony in Utah under Utah Code Ann. § 76-5-308.5.
Reckless violation: Second Degree Felony (Utah Code Ann. § 76-5-308.5(3)(b))
Which Utah statute covers human trafficking of a child for labor?
Human trafficking of a child for labor is governed by Utah Code Ann. § 76-5-308.5 (Human trafficking of a child for labor).
This reference is informational and is not legal advice.