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Utah criminal charge

Human trafficking for commercial sexual exploitation in Utah

Current through 2026 Utah legislative session

Human trafficking for commercial sexual exploitation is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-308.1. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Utah Code Ann. § 76-5-308.1.

What is the penalty for human trafficking for commercial sexual exploitation in Utah?

Penalties for Human trafficking for commercial sexual exploitation
PenaltyRangeBasisAuthority
Jail / prisonHuman trafficking involving commercial sexual act, done knowingly — The violation involves a commercial sexual act and is done knowingly.; indeterminate prison term of not less than five years and which may be for life, unless the statute provides otherwise; actual release is determined by the Board of Pardons and ParolediscretionaryUtah Code Ann. § 76-3-203
Fineup to $10,000 (Human trafficking involving commercial sexual act, done knowingly — The violation involves a commercial sexual act and is done knowingly.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prison1 years to 15 years (Human trafficking involving commercial sexually explicit performance, done knowingly — The violation involves a commercial sexually explicit performance and is done knowingly.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $10,000 (Human trafficking involving commercial sexually explicit performance, done knowingly — The violation involves a commercial sexually explicit performance and is done knowingly.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prison1 years to 15 years (Human trafficking involving commercial sexual act, done recklessly — The violation involves a commercial sexual act and is done recklessly.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $10,000 (Human trafficking involving commercial sexual act, done recklessly — The violation involves a commercial sexual act and is done recklessly.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prisonup to 5 years (Human trafficking involving commercial sexually explicit performance, done recklessly — The violation involves a commercial sexually explicit performance and is done recklessly.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $5,000 (Human trafficking involving commercial sexually explicit performance, done recklessly — The violation involves a commercial sexually explicit performance and is done recklessly.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203

Applies to current (2026 General Session).

How is human trafficking for commercial sexual exploitation classified in Utah?

The classification depends on the circumstances:

Classification variants for Human trafficking for commercial sexual exploitation
VariantClassificationWhen it appliesStatute
Human trafficking involving commercial sexual act, done knowinglyFirst Degree FelonyThe violation involves a commercial sexual act and is done knowingly.Utah Code Ann. § 76-5-308.1(3)(a)
Human trafficking involving commercial sexually explicit performance, done knowinglySecond Degree FelonyThe violation involves a commercial sexually explicit performance and is done knowingly.Utah Code Ann. § 76-5-308.1(3)(b)
Human trafficking involving commercial sexual act, done recklesslySecond Degree FelonyThe violation involves a commercial sexual act and is done recklessly.Utah Code Ann. § 76-5-308.1(3)(b)
Human trafficking involving commercial sexually explicit performance, done recklesslyThird Degree FelonyThe violation involves a commercial sexually explicit performance and is done recklessly.Utah Code Ann. § 76-5-308.1(3)(c)

Common questions about human trafficking for commercial sexual exploitation in Utah

Is human trafficking for commercial sexual exploitation a felony or a misdemeanor in Utah?

It depends on the circumstances: human trafficking for commercial sexual exploitation ranges from a Third Degree Felony to a First Degree Felony in Utah under Utah Code Ann. § 76-5-308.1.

Human trafficking involving commercial sexual act, done knowingly: First Degree Felony (Utah Code Ann. § 76-5-308.1(3)(a)) · Human trafficking involving commercial sexually explicit performance, done knowingly: Second Degree Felony (Utah Code Ann. § 76-5-308.1(3)(b)) · Human trafficking involving commercial sexual act, done recklessly: Second Degree Felony (Utah Code Ann. § 76-5-308.1(3)(b)) · Human trafficking involving commercial sexually explicit performance, done recklessly: Third Degree Felony (Utah Code Ann. § 76-5-308.1(3)(c))

What are the penalties for human trafficking for commercial sexual exploitation in Utah?

Penalties for human trafficking for commercial sexual exploitation in Utah depend on how it is classified — from a Third Degree Felony up to a First Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.

Which Utah statute covers human trafficking for commercial sexual exploitation?

Human trafficking for commercial sexual exploitation is governed by Utah Code Ann. § 76-5-308.1 (Human trafficking for commercial sexual exploitation).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.