§ 76-5-310.1 — Aggravated human smuggling -- Penalties.

Utah § 76-5-310.1

• Jurisdiction: Utah
• Title 76: Utah Criminal Code
• Ch. 76-5: Offenses Against the Individual
• Part 76-5-3: Kidnapping, Trafficking, and Smuggling

Text

(1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
(2) An actor commits aggravated human smuggling if, in the course of committing an offense under Section 76-5-308.3, the offense:

(2)(a) results in the death of a smuggled individual;
(2)(b) results in serious bodily injury to a smuggled individual;
(2)(c) involves the smuggling of a child and the child is not accompanied by a family member who is 18 years old or older;
(2)(d) involves:
(2)(d)(i) rape under Section 76-5-402;
(2)(d)(ii) rape of a child under Section 76-5-402.1;
(2)(d)(iii) object rape under Section 76-5-402.2;
(2)(d)(iv) object rape of a child under Section 76-5-402.3;
(2)(d)(v) forcible sodomy under Section 76-5-403;
(2)(d)(vi) sodomy on a child under Section 76-5-403.1;
(2)(d)(vii) aggravated sexual abuse of a child under Section 76-5-404.1; or
(2)(d)(viii) aggravated sexual assault under Section 76-5-405; or
(2)(e) involves the smuggling of 10 or more individuals.
(3) A violation of Subsection (2) is a first degree felony.
(4) Aggravated human smuggling is a separate offense from any other crime committed in relationship to the offense.

Legislative History

Enacted by Chapter 181, 2022 General Session