Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 117 (2021GS)

Sponsor

Sen. Escamilla, L.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• increases the penalty for human smuggling from a third degree felony to a second degree felony;
• increases the penalty for aggravated human smuggling from a second degree felony to a first degree felony; and
• removes the requirement of "in a single episode" when there are 10 or more victims from the offenses of aggravated human smuggling and aggravated human trafficking.

Every vote on this bill

Bill text

HUMAN SMUGGLING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Luz Escamilla
House Sponsor: 
 Jefferson S. Burton
LONG TITLE
General Description:
This bill modifies the offenses of human smuggling, aggravated human smuggling, and
aggravated human trafficking.
Highlighted Provisions:
This bill:
▸ increases the penalty for human smuggling from a third degree felony to a second
degree felony;
▸ increases the penalty for aggravated human smuggling from a second degree felony
to a first degree felony; and
▸ removes the requirement of "in a single episode" when there are 10 or more victims
from the offenses of aggravated human smuggling and aggravated human
trafficking.
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 2020, Chapter 108
76-5-310
, as last amended by Laws of Utah 2020, Chapter 108
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-5-309
 is amended to read:
76-5-309.
Human trafficking and human smuggling -- Penalties.
(1) Human trafficking for labor and human trafficking for 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
]
second
 degree felony, except under Section 
76-5-310
.
(3) Human trafficking for labor or for 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 labor or for sexual exploitation in violation of Section
76-5-308
 is guilty of a second degree felony;
(b) human smuggling is guilty of a third degree felony; and
(c) human trafficking of a child is guilty of a first 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 2. 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 labor or sexual exploitation or
aggravated human smuggling if, in the course of committing an 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 
Section
76-5-405
;
(d) involves 10 or more victims [
in a single episode of human trafficking or human
smuggling
]; or
(e) involves a victim trafficked for longer than 30 consecutive days.
(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.
(3) (a) Aggravated human trafficking is a first degree felony.
(b) Aggravated human smuggling is a [
second
] 
first
 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.