Definitions of Human Trafficking - Utah

Defined in Child Protection Law

Citation: Ann. Code § 78A-6-105

The term 'abuse' includes the following:

• Sexual exploitation and sexual abuse
• Human trafficking of a child in violation of § 76-5-308.5

The term 'sexual exploitation' means knowingly doing any of the following:

• Employing, using, persuading, inducing, enticing, or coercing any child to do the following:
  • Pose in the nude for the purpose of sexual arousal of any person
  • Engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct
• Displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child as follows:
  • In the nude, for the purpose of sexual arousal of any person
  • Engaging in sexual or simulated sexual conduct
• Engaging in conduct that would constitute an offense under § 76-5b-201, Sexual Exploitation of Children, regardless of whether the person who engages in the conduct is actually charged with or convicted of the offense

Definitions of Labor Trafficking

Citation: Ann. Code § 76-5-308

An actor commits human trafficking for forced labor or sexual exploitation if the actor recruits, harbors, transports, obtains, patronizes, or solicits a person through the use of force, fraud, or coercion, which may include the following:

• Threatening serious harm to, or physical restraint against, that person or a third person
• Destroying, concealing, removing, confiscating, or possessing any passport, immigration document, or other government identification document
• Abusing or threatening abuse of the law or legal process against the person or a third person
• Using a condition of a person being a debtor due to a pledge of the debtor's personal services or the personal services of a person under the control of the debtor as a security for debt, when 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
• Using a condition of servitude by means of any scheme, plan, or pattern intended to cause a person to believe that if the person did not enter into or continue in a condition of servitude, that person or a third person would suffer serious harm or physical restraint or would be threatened with abuse of legal process
• Creating or exploiting a relationship in which the person is dependent on the actor

Human trafficking for forced sexual exploitation includes all forms of commercial sexual activity, which may include the following conduct when the person acts under force, fraud, or coercion:

• Sexually explicit performance
• Prostitution
• Participation in the production of pornography
• Performance in strip clubs
• Exotic dancing or display

Definitions of Sex Trafficking of Minors

Citation: Ann. Code § 76-5-308.5

The term 'commercial sexual activity with a child' means any sexual act with a child, on account of which anything of value is given to or received by any person.

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.

Human trafficking of a child for labor includes any labor obtained through force, fraud, and coercion, as described in § 7-5-308.

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.