Utah Code
Utah Code § 76-5-308 (2026)
Human trafficking for labor
✓ current as of May 2026
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As used in this section:
"Commercial sexual act" means the same as that term is defined in Section 76-5-308.1.
"Commercial sexually explicit performance" means the same as that term is defined in Section 76-5-308.1.
"Extortion" means an offense of:
sexual extortion or aggravated sexual extortion under Section 76-5b-204; or
theft by extortion under Section 76-6-406.
"Fraud" means a knowingly false or misleading material representation of fact that is:
made to obtain money, property, a benefit, or a service to which a person is not entitled;
intended to cause another person to rely upon the representation; and
relied upon by another person.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits human trafficking for labor if:
the actor enlists, harbors, transports, obtains, or uses an individual for the purpose of procuring or using the individual's labor through the use of force, fraud, or coercion;
the labor described in Subsection (2)(a) is not a commercial sexual act or a commercial sexually explicit performance; and
the actor's use of force, fraud, or coercion described in Subsection (2)(a) involves:
causing, or threatening to cause, serious harm to the individual or another individual;
physically restraining, or threatening to physically restrain, the individual or another individual;
destroying, concealing, removing, confiscating, or unlawfully possessing a passport, immigration document, or other government-issued identification document;
using, or threatening to use, the legal process in an unlawful manner against the individual or another individual;
kidnapping, or threatening to kidnap, the individual or another individual;
extortion of the individual or another individual;
facilitating or controlling the individual's access to a controlled substance; or
creating or exploiting a circumstance under which:
the individual is unable to terminate the employment relationship; or
the individual is unlawfully forced to remain in a condition of servitude.
A violation of Subsection (2) is a second degree felony if the violation is done knowingly.
A violation of Subsection (2) is a third degree felony if the violation is done recklessly.
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.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 2002–2025 · leading case: Patterson v. State, 2021 UT 52 (Utah 2021).
Patterson v. State, 2021 UT 52 (Utah 2021). “(3)(a) The limitations period is tolled for any period during which the petitioner was prevented from filing a petition due to state action in violation of the United States Constitution, due to physical or mental incapacity, or for claims arising under Subsection 78B-…”
State v. Diaz, 2002 UT App 288 (Utah Ct. App. 2002). “See Utah Code Ann. § 76-5-302 (Supp.2001); see also Utah Code Ann.”
People v. Cardenas, 338 P.3d 430 (Colo. Ct. App. 2014). “08 (West 2018); Utah Code Ann. § 76-5-308 to -810 (West 2014); Vt.”
State v. Andrus, 2025 UT 15 (Utah 2025). “§ 76-5-308(1) (2019). The aggravated human trafficking statute imposes even heftier requirements.”
— Utah Code § 76-5-308(1) — 1 case
State v. Andrus, 2025 UT 15 (Utah 2025). “§ 76-5-308(1) (2019). The aggravated human trafficking statute imposes even heftier requirements.”
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