Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 252 (2015GS)

Sponsor

Rep. King, Brian S.

Final action

Governor Signed 3/25/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the definition of the crime of human trafficking of a child; and
• provides that a person who is convicted of human trafficking of a child is guilty of a first degree felony.

Every vote on this bill

Bill text

HUMAN TRAFFICKING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brian S. King
Senate Sponsor: 
Luz Escamilla
LONG TITLE
General Description:
This bill modifies the Utah Criminal Code regarding the kidnapping, trafficking, and
smuggling of persons younger than 18 years of age.
Highlighted Provisions:
This bill:
▸ modifies the definition of the crime of human trafficking of a child; and
▸ provides that a person who is convicted of human trafficking of a child is guilty of a
first degree felony.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-309
, as last amended by Laws of Utah 2014, Chapters 135 and 141
76-5-310
, as last amended by Laws of Utah 2013, Chapter 196
ENACTS:
76-5-308.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-5-308.5
 is enacted to read:
 76-5-308.5.
Human trafficking of a child -- Penalties.
(1) "Commercial sexual activity with a child" means any sexual act with a child, on
account of which anything of value is given to or received by any person.
(2) An actor commits human trafficking of a child if the actor recruits, harbors,
transports, or obtains a child for sexual exploitation or forced labor.
(3) (a) Human trafficking of a child for forced labor includes labor in industrial
facilities, sweatshops, households, agricultural enterprises, or any other workplace.
(b) Human trafficking of a child for sexual exploitation includes all forms of
commercial sexual activity with a child, including sexually explicit performance, prostitution,
participation in the production of pornography, performance in a strip club, and exotic dancing
or display.
(4) Human trafficking of a child in violation of this section is a first degree felony.
Section 2. Section 
76-5-309
 is amended to read:
76-5-309.
Human trafficking and human smuggling -- Penalties.
(1) Human trafficking for forced labor and human trafficking for forced sexual
exploitation are each a second degree felony, except under Section 
76-5-310
.
(2) Human smuggling under Section 
76-5-308
 of one or more persons is a third degree
felony, except under Section 
76-5-310
.
(3) Human trafficking for forced labor or for forced sexual exploitation
, human
trafficking of a child,
 and human smuggling are each a separate offense from any other crime
committed in relationship to the commission of either of these offenses.
(4) Under circumstances not amounting to aggravated sexual abuse of a child, a
violation of Subsection 
76-5-404.1
(4)(h), a person who benefits, receives, or exchanges
anything of value from knowing participation in:
(a) human trafficking for forced labor or for forced sexual exploitation in violation of
Section 
76-5-308
 is guilty of a second degree felony; and
(b) human smuggling is guilty of a third degree felony.
(5) A person commits a separate offense of human trafficking
, human trafficking of a
child,
 or human smuggling for each person who is smuggled or trafficked under Section
76-5-308
, 
76-5-308.5
,
 or 
76-5-310
.
Section 3. Section 
76-5-310
 is amended to read:
76-5-310.
Aggravated human trafficking and aggravated human smuggling --
Penalties.
(1) An actor commits aggravated human trafficking for forced labor or forced sexual
exploitation or aggravated human smuggling if, in the course of committing a human
trafficking for forced labor or for forced sexual exploitation, a violation of Section 
76-5-308
, or
human smuggling offense under Section 
76-5-308
, the offense:
(a) results in the death of the trafficked or smuggled person;
(b) results in serious bodily injury of the trafficked or smuggled person;
(c) involves:
(i) rape under Section 
76-5-402
;
(ii) rape of a child under Section 
76-5-402.1
;
(iii) object rape under Section 
76-5-402.2
;
(iv) object rape of a child under Section 
76-5-402.3
;
(v) forcible sodomy under Section 
76-5-403
;
(vi) sodomy on a child under Section 
76-5-403.1
;
(vii) aggravated sexual abuse of a child under Section 
76-5-404.1
; or
(viii) aggravated sexual assault under 
76-5-405
;
(d) involves 10 or more victims in a single episode of human trafficking or human
smuggling; or
(e) involves a victim who is held against the victim's will for longer than 30
consecutive days.
[
(2) An actor commits aggravated human trafficking for forced labor or forced sexual
exploitation if the actor recruits, harbors, transports, or obtains a child for forced labor or
forced sexual exploitation.
]
[
(3)
] 
(2)
 An actor commits aggravated human smuggling if the actor commits human
smuggling under Section 
76-5-308
 and any human being whom the person engages in
smuggling is:
(a) a child; and
(b) not accompanied by a family member who is 18 years of age or older.
[
(4)
] 
(3)
 (a) Aggravated human trafficking is a first degree felony.
(b) Aggravated human smuggling is a second degree felony.
(c) Aggravated human trafficking and aggravated human smuggling are each a separate
offense from any other crime committed in relationship to the commission of either of these
offenses.