76-5-308 - Human trafficking.
76-5-308. Human trafficking.
(1) An actor commits human trafficking for forced labor or forced sexual exploitation ifthe actor recruits, harbors, transports, or obtains a person through the use of force, fraud, orcoercion by means of:
(a) threatening serious harm to, or physical restraint against, that person or a third person;
(b) destroying, concealing, removing, confiscating, or possessing any passport,immigration document, or other government identification document;
(c) abusing or threatening abuse of the law or legal process against the person or a thirdperson;
(d) using a condition of a person being a debtor due to a pledge of the debtor's personalservices or the personal services of a person under the control of the debtor as a security for debtwhere the reasonable value of the services is not applied toward the liquidation of the debt or thelength and nature of those services are not respectively limited and defined; or
(e) using a condition of servitude by means of any scheme, plan, or pattern intended tocause a person to believe that if the person did not enter into or continue in a condition ofservitude, that person or a third person would suffer serious harm or physical restraint, or wouldbe threatened with abuse of legal process.
(2) (a) Human trafficking for forced labor includes forced labor in industrial facilities,sweatshops, households, agricultural enterprises, and any other workplace.
(b) Human trafficking for forced sexual exploitation includes all forms of forcedcommercial sexual activity, including forced sexually explicit performance, forced prostitution,forced participation in the production of pornography, forced performance in strip clubs, andforced exotic dancing or display.
Enacted by Chapter 343, 2008 General Session