Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 405 (2025GS)

Sponsor

Rep. Pierucci, Candice B.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• increases penalties for certain human trafficking offenses; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

17
76-5-308.1
76-5-308.5
76-5-309
76-5-310
76-5-311
0
Human Trafficking Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: Heidi Balderree
LONG TITLE
General Description:
This bill increases penalties for certain human trafficking offenses.
Highlighted Provisions:
This bill:
increases penalties for certain human trafficking offenses; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-308.1
, as enacted by Laws of Utah 2022, Chapter 181
76-5-308.5
, as last amended by Laws of Utah 2022, Chapter 181
76-5-309
, as last amended by Laws of Utah 2022, Chapter 181
76-5-310
, as last amended by Laws of Utah 2022, Chapter 181
76-5-311
, as last amended by Laws of Utah 2022, Chapter 181
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-5-308.1
 is amended to read:
76-5-308.1
. Human trafficking for sexual exploitation.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-5-307
 apply to this section.
(2)
An actor commits human trafficking for sexual exploitation if the actor recruits, harbors, 
transports, obtains, patronizes, or solicits an individual for sexual exploitation through 
the use of force, fraud, or coercion, which may include:
(a)
threatening serious harm to, or physical restraint against, that individual or another 
individual;
(b)
destroying, concealing, removing, confiscating, or possessing any passport, 
immigration document, or other government-issued identification document;
(c)
abusing or threatening abuse of the law or legal process against the individual or 
another individual;
(d)
using a condition of an individual being a debtor due to a pledge of the individual's 
personal services or the personal services of an individual under the control of the 
debtor as a security for debt where the reasonable value of the services is not applied 
toward the liquidation of the debt or the length and nature of those services are not 
respectively limited and defined;
(e)
using a condition of servitude by means of any scheme, plan, or pattern intended to 
cause an individual to believe that if the individual did not enter into or continue in a 
condition of servitude, the individual or another individual would suffer serious harm 
or physical restraint, or would be threatened with abuse of legal process; or
(f)
creating or exploiting a relationship where the individual is dependent upon the actor.
(3)
A violation of Subsection 
(2)
 is a 
second
first
 degree felony.
(4)
Human trafficking for sexual exploitation includes all forms of commercial sexual 
activity, which may include the following conduct when the person acts under force, 
fraud, or coercion as described in Subsection 
(1)
:
(a)
sexually explicit performance;
(b)
prostitution;
(c)
participation in the production of pornography;
(d)
performance in strip clubs; and
(e)
exotic dancing or display.
(5)
This offense is a separate offense from any other crime committed in relationship to the 
commission of this offense.
Section 2, Section 
76-5-308.5
 is amended to read:
76-5-308.5
. Human trafficking of a child.
(1)
(a)
As used in this section, "commercial sexual activity with a child" means any 
sexual act with a child, for which anything of value is given to or received by any 
person.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-5-307
 apply to this section.
(2)
An actor commits human trafficking of a child if the actor recruits, harbors, transports, 
obtains, patronizes, or solicits a child for sexual exploitation or forced labor.
(3)
A violation of Subsection 
(2)
 is a first degree felony
 punishable by a term of 
imprisonment of not less than:
(a)
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
(b)
15 years and which may be for life if the child described in Subsection 
(2)
 is under 
14 years old
.
(4)
(a)
Human trafficking of a child for labor includes any labor obtained through force, 
fraud, or coercion as described in Section 
76-5-308
.
(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 as described in Section 
76-5-308.1
.
(5)
This offense is a separate offense from any other crime committed in relationship to the 
commission of this offense.
Section 3, Section 
76-5-309
 is amended to read:
76-5-309
. Benefitting from trafficking and human smuggling.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-5-307
 apply to this section.
(2)
An actor is a party to the offense if the actor benefits, receives, or exchanges anything of 
value from knowing participation in:
(a)
human trafficking for labor in violation of Section 
76-5-308
;
(b)
human smuggling in violation of Section 
76-5-308.3
;
(c)
human trafficking of a child in violation of Section 
76-5-308.5
; and
(d)
human trafficking for sexual exploitation in violation of Section 
76-5-308.1
.
(3)
(a)
A violation of Subsection 
(2)(a)
or 
(2)(d)
is a second degree felony.
(b)
A violation of Subsection 
(2)(b)
 is a third degree felony.
(c)
A violation of Subsection 
(2)(c)
 is a first degree felony
 punishable by a term of 
imprisonment of not less than 10 years and which may be for life
.
(d)
A violation of Subsection 
(2)(d)
 is a first degree felony.
(4)
An actor commits a separate offense of human trafficking, human trafficking of a child, 
or human smuggling for each individual who is smuggled or trafficked under Section 
76-5-308
, 
76-5-308.1
, 
76-5-308.3
, 
76-5-308.5
, 
76-5-310
, or 
76-5-310.1
.
Section 4, Section 
76-5-310
 is amended to read:
76-5-310
. Aggravated human trafficking.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-5-307
 apply to this section.
(2)
An actor commits aggravated human trafficking for labor or sexual exploitation if, in 
the course of committing an offense under Section 
76-5-308
 or 
76-5-308.1
, the offense:
(a)
results in the death of a trafficked individual;
(b)
results in serious bodily injury of a trafficked individual;
(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 
76-5-404.3
; or
(viii)
aggravated sexual assault under Section 
76-5-405
;
(d)
involves the trafficking of 10 or more individuals; or
(e)
involves an individual trafficked for longer than 30 consecutive days.
(3)
A violation of Subsection 
(2)
 is a first degree felony
 punishable by a term of 
imprisonment of not less than 10 years and which may be for life
.
(4)
Aggravated human trafficking is a separate offense from any other crime committed in 
relationship to the commission of the offense.
Section 5, Section 
76-5-311
 is amended to read:
76-5-311
. Human trafficking of a vulnerable adult.
(1)
(a)
As used in this section:
(i)
"Commercial sexual activity with a vulnerable adult" means any sexual act with a 
vulnerable adult for which anything of value is given to or received by any 
individual.
(ii)
"Vulnerable adult" means the same as that term is defined in Subsection 
76-5-111(1)
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits human trafficking of a vulnerable adult if the actor:
(a)
recruits, harbors, transports, or obtains a vulnerable adult for sexual exploitation or 
forced labor; or
(b)
patronizes or solicits a vulnerable adult for sexual exploitation or forced labor when 
the actor knew or should have known of the victim's vulnerability.
(3)
A violation of Subsection 
(2)
 is a first degree felony
 punishable by a term of 
imprisonment of not less than 10 years and which may be for life
.
(4)
(a)
Human trafficking of a vulnerable adult for labor includes any labor obtained 
through force, fraud, or coercion as described in Section 
76-5-308
.
(b)
Human trafficking of a vulnerable adult for sexual exploitation includes all forms of 
commercial sexual activity with a vulnerable adult involving:
(i)
sexually explicit performances;
(ii)
prostitution;
(iii)
participation in the production of pornography;
(iv)
performance in a strip club; or
(v)
exotic dancing or display.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-7-25 8:11 AM