Human Trafficking, Exploitation, and Smuggling Amendments
What changed between versions
New Section 76-5-310.2 establishes 'aggravated human trafficking' as a first-degree felony punishable by life imprisonment if the trafficking results in death, serious bodily injury, involves specific sexual crimes, or involves trafficking 10+ individuals for over 30 days.
The previous version of Section 76-5-313 regarding patronizing labor trafficking victims was removed and replaced with a new Section 76-5-313 that maintains similar provisions but removes the specific reference to 'vulnerable adult' in the title, focusing instead on general labor trafficking patronization.
Section 76-5d-211 was expanded to include aggravated human trafficking and aggravated human smuggling in the list of offenses that can trigger mandatory prosecution restrictions for actors who witness or are victims of related crimes.
Section 76-5-311 was amended to clarify the definition of 'vulnerable adult' and to explicitly include various forms of sexual exploitation such as strip club performances and exotic dancing.
Section 76-5-417 was updated to add a comprehensive list of prior offenses that prevent courts from granting probation or shortening sentences for enticing a minor to engage in sexual activity.
Section 76-17-401 was significantly expanded to define 'pattern of unlawful activity' for RICO-style prosecutions, requiring at least three episodes with specific characteristics and a time frame spanning from 1981 to within five years of the most recent act.
Section 76-5-316 (Human Smuggling) and 76-5-317 (Aggravated Human Smuggling) were updated to align terminology and clarify that aggravated smuggling includes deaths, serious injuries, or the smuggling of children without accompanying adult family members.
Section 76-14-202 was amended to require law enforcement to detain vehicle occupants and investigate immigration status if they have reasonable suspicion of human trafficking or smuggling violations.
