1. (1)

   1. (a) As used in this section:

      1. (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.

      2. (ii)

         1. (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.
         2. (B) "Commercial sexually explicit performance" does not include a commercial sexual act.
      3. (iii) "Extortion" means the same as that term is defined in Section 76-5-308.
      4. (iv) "Fraud" means the same as that term is defined in Section 76-5-308.

      5. (v) "Sexual activity" means:

         1. (A) sexual intercourse or any other sexual act involving the genitals of one individual and the mouth or anus of another individual; or
         2. (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.
   2. (b) Terms defined in Section 76-1-101.5 apply to this section.

2. (2) An actor commits human trafficking for commercial sexual exploitation if:

   1. (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:

      1. (i) causing, or threatening to cause, serious harm to the individual or another individual;
      2. (ii) physically restraining, or threatening to physically restrain, the individual or another individual;
      3. (iii) destroying, concealing, removing, confiscating, or unlawfully possessing a passport, immigration document, or other government-issued identification document;
      4. (iv) using, or threatening to use, the legal process in an unlawful manner against the individual or another individual;
      5. (v) kidnapping, or threatening to kidnap, the individual or another individual;
      6. (vi) extortion of the individual or another individual;
      7. (vii) facilitating or controlling the individual's access to a controlled substance; or

      8. (viii) creating or exploiting a circumstance under which:

         1. (A) the individual is unable to terminate the employment relationship; or
         2. (B) the individual is unlawfully forced to remain in a condition of servitude.

3. (3)

   1. (a) A violation of Subsection (2) is a first degree felony if the violation:

      1. (i) involves a commercial sexual act; and
      2. (ii) is done knowingly.

   2. (b) A violation of Subsection (2) is a second degree felony if the violation:

      1. (i)

         1. (A) involves a commercial sexually explicit performance; and
         2. (B) is done knowingly; or

      2. (ii)

         1. (A) involves a commercial sexual act; and
         2. (B) is done recklessly.

   3. (c) A violation of Subsection (2) is a third degree felony if the violation:

      1. (i) involves a commercial sexually explicit performance; and
      2. (ii) is done recklessly.
4. (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.

Amended by Chapter 247, 2026 General Session