Utah statute

Utah Code Ann. § 76-5-308.1 — Human trafficking for commercial sexual exploitation.

Current through 2026 General Session

Part of Part 3: Kidnapping, Trafficking, And Smuggling, Utah Code.

Criminal charges under this statute

Human trafficking for commercial sexual exploitation

Full text of Utah Code Ann. § 76-5-308.1

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.

Utah Code Ann. § 76-5-308.1Primary source, current through the 2026 General Session

(1)(a) As used in this section: (1)(a)(i) "Commercial sexual act" means participating in an act of sexual activity with another individual for which anything of value is offered, given to, or received by any individual. (1)(a)(ii)(A) "Commercial sexually explicit performance" means a sexually explicit performance or activity for which anything of value is offered, given to, or received by any individual. (1)(a)(ii)(B) "Commercial sexually explicit performance" does not include a commercial sexual act. (1)(a)(iii) "Extortion" means the same as that term is defined in Section 76-5-308. (1)(a)(iv) "Fraud" means the same as that term is defined in Section 76-5-308. (1)(a)(v) "Sexual activity" means: (1)(a)(v)(A) sexual intercourse or any other sexual act involving the genitals of one individual and the mouth or anus of another individual; or (1)(a)(v)(B) the touching of the genitals, female breast, or anus of one individual with any other body part of another individual with the intent to sexually arouse or gratify either individual. (1)(b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits human trafficking for commercial sexual exploitation if: (2)(a) the actor enlists, harbors, transports, obtains, patronizes, or solicits an individual for the purpose of procuring the individual's labor in the form of a commercial sexually explicit performance or commercial sexual act through the use of force, fraud, or coercion; and (2)(b) the actor's use of force, fraud, or coercion described in Subsection (2)(a) involves: (2)(b)(i) causing, or threatening to cause, serious harm to the individual or another individual; (2)(b)(ii) physically restraining, or threatening to physically restrain, the individual or another individual; (2)(b)(iii) destroying, concealing, removing, confiscating, or unlawfully possessing a passport, immigration document, or other government-issued identification document; (2)(b)(iv) using, or threatening to use, the legal process in an unlawful manner against the individual or another individual; (2)(b)(v) kidnapping, or threatening to kidnap, the individual or another individual; (2)(b)(vi) extortion of the individual or another individual; (2)(b)(vii) facilitating or controlling the individual's access to a controlled substance; or (2)(b)(viii) creating or exploiting a circumstance under which: (2)(b)(viii)(A) the individual is unable to terminate the employment relationship; or (2)(b)(viii)(B) the individual is unlawfully forced to remain in a condition of servitude. (3)(a) A violation of Subsection (2) is a first degree felony if the violation: (3)(a)(i) involves a commercial sexual act; and (3)(a)(ii) is done knowingly. (3)(b) A violation of Subsection (2) is a second degree felony if the violation: (3)(b)(i)(A) involves a commercial sexually explicit performance; and (3)(b)(i)(B) is done knowingly; or (3)(b)(ii)(A) involves a commercial sexual act; and (3)(b)(ii)(B) is done recklessly. (3)(c) A violation of Subsection (2) is a third degree felony if the violation: (3)(c)(i) involves a commercial sexually explicit performance; and (3)(c)(ii) is done recklessly. (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.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.