Current with legislation from 2024 Fiscal and Special Sessions.
Section 5-18-103 - Trafficking of persons(a) A person commits the offense of trafficking of persons if he or she knowingly: (1) Recruits, harbors, transports, obtains, entices, solicits, isolates, provides, or maintains a person when he or she knows or reasonably should know that the person will be subjected to involuntary servitude;(2) Benefits financially or benefits by receiving anything of value from participation in a venture that he or she knows or reasonably should know is engaged in conduct prohibited under subdivision (a)(1) of this section;(3) Subjects a person to involuntary servitude;(4) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a minor for commercial sexual activity;(5) Sells or offers to sell travel services that he or she knows or reasonably should know include an activity prohibited under subdivisions (a)(1)-(4) of this section;(6) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a pregnant woman for the purpose of causing the pregnant woman to place her unborn child for adoption by:(A) The use of or threatened use of physical force;(B) The physical restraint or threat of physical restraint of a person;(C) Serious physical injury or threat of serious physical injury to a person;(D) Abuse or threatened abuse of law or legal process;(E) Any scheme, plan, or pattern that has a purpose to cause the pregnant woman to believe that, if the pregnant woman does not place the unborn child for adoption, a person would suffer serious physical injury or physical restraint; or(F) Means of serious harm or threats of serious harm to a person; or(7) Benefits financially or benefits by receiving anything of value from participating in an act described under subdivision (a)(6) of this section.(b) It is not a defense to prosecution under subdivision (a)(4) of this section that the actor: (1) Did not have knowledge of a victim's age; or(2) Mistakenly believed a victim was not a minor.(c)(1) Trafficking of persons is a Class A felony.(2) Trafficking of persons is a Class Y felony if a victim was a minor at the time of the offense.(d)(1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000).(2) Fine payments received under subdivision (d)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and(B) Fifty percent (50%) into the Human Trafficking Victim Support Fund.Amended by Act 2023, No. 736,§ 3, eff. 8/1/2023.Amended by Act 2023, No. 327,§ 2, eff. 8/1/2023.Amended by Act 2023, No. 327,§ 1, eff. 8/1/2023.Amended by Act 2021, No. 1106,§ 4, eff. 7/28/2021.Amended by Act 2019, No. 1022,§ 1, eff. 7/24/2019.Amended by Act 2015, No. 1080,§ 1, eff. 7/22/2015.Amended by Act 2013, No. 1257,§ 4, eff. 8/16/2013.Added by Act 2013, No. 133,§ 3, eff. 8/16/2013.Added by Act 2013, No. 132,§ 3, eff. 8/16/2013.