§ 76-5-309 — Benefitting from trafficking and human smuggling.

(1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
(2) An actor is a party to the offense if the actor benefits, receives, or exchanges anything of value from knowing participation in:
(2)(a) human trafficking for labor in violation of Section 76-5-308;
(2)(b) human smuggling in violation of Section 76-5-308.3;
(2)(c) human trafficking of a child in violation of Section 76-5-308.5; and
(2)(d) human trafficking for sexual exploitation in violation of Section 76-5-308.1.
(3) (3)(a) A violation of Subsection (2)(a) is a second degree felony.
(3)(b) A violation of Subsection (2)(b) is a third degree felony.
(3)(c) A violation of Subsection (2)(c) is a first degree felony punishable by a term of imprisonment of not less than 10 years and which may be for life.
(3)(d) A violation of Subsection (2)(d) is a first degree felony.
(4) An actor commits a separate offense of human trafficking, human trafficking of a child, or human smuggling for each individual who is smuggled or trafficked under Section 76-5-308, 76-5-308.1, 76-5-308.3, 76-5-308.5, 76-5-310, or 76-5-310.1.

Legislative History

Amended by Chapter 262, 2025 General Session