(1) An actor commits aggravated human trafficking for labor or sexual exploitation or aggravated human smuggling if, in the course of committing an offense under Section 76-5-308, the offense:

1. (a) results in the death of the trafficked or smuggled person;
2. (b) results in serious bodily injury of the trafficked or smuggled person;

3. (c) involves:

   1. (i) rape under Section 76-5-402;
   2. (ii) rape of a child under Section 76-5-402.1;
   3. (iii) object rape under Section 76-5-402.2;
   4. (iv) object rape of a child under Section 76-5-402.3;
   5. (v) forcible sodomy under Section 76-5-403;
   6. (vi) sodomy on a child under Section 76-5-403.1;
   7. (vii) aggravated sexual abuse of a child under Section 76-5-404.1; or
   8. (viii) aggravated sexual assault under 76-5-405;
4. (d) involves 10 or more victims in a single episode of human trafficking or human smuggling; or
5. (e) involves a victim trafficked for longer than 30 consecutive days.

(2) An actor commits aggravated human smuggling if the actor commits human smuggling under Section 76-5-308 and any human being whom the person engages in smuggling is:

1. (a) a child; and
2. (b) not accompanied by a family member who is 18 years of age or older.

(3)

1. (a) Aggravated human trafficking is a first degree felony.
2. (b) Aggravated human smuggling is a second degree felony.
3. (c) Aggravated human trafficking and aggravated human smuggling are each a separate offense from any other crime committed in relationship to the commission of either of these offenses.