Human Trafficking, Transporting, and Harboring Amendments

5
76-14-209
78B-3-113
0
Human Trafficking, Transporting, and Harboring Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Trevor Lee
Senate Sponsor:
LONG TITLE
General Description:
This bill concerns human trafficking and the transporting and harboring of aliens.
Highlighted Provisions:
This bill:
adds an increased penalty to the offense of transporting or harboring an alien if a victim
of the offense is younger than 13 years old;
adds aggravated exploitation of prostitution involving a child to the list of human
trafficking offenses for which a victim may bring a right of action;
provides that the attorney general may bring an action against a person if the attorney
general has reason to believe that the person is committing, has committed, or is about to
commit a human trafficking offense; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-14-209
, as renumbered and amended by Laws of Utah 2025, Chapter 173
78B-3-113
, as renumbered and amended by Laws of Utah 2024, Chapter 331
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-14-209
is amended to read:
76-14-209
. Transporting or harboring an alien.
(1)
(a)
As used in this section:
(i)
Except as provided in Subsection
(1)(a)(ii)
, "alien" means an individual who is
illegally present in the United States.
(ii)
On or after the program start date, as defined in Section
63G-12-102
, "alien" does
not include an individual who holds a valid permit, as defined in Section
63G-12-102
.
(b)
Terms defined in Sections
76-1-101.5
,
76-14-101
, and
76-14-201
apply to this
section.
(2)
An actor commits transporting or harboring an alien if the actor:
(a)
transports, moves, or attempts to transport into this state or within the state an alien
for commercial advantage or private financial gain, knowing or in reckless disregard
of the fact that the alien is in the United States in violation of federal law, in
furtherance of the illegal presence of the alien in the United States;
(b)
knowingly, with the intent to violate federal immigration law, conceals, harbors, or
shelters from detection an alien in a place within this state, including a building or
means of transportation for commercial advantage or private financial gain, knowing
or in reckless disregard of the fact that the alien is in the United States in violation of
federal law;
(c)
encourages or induces an alien to come to, enter, or reside in this state, knowing or in
reckless disregard of the fact that the alien's coming to, entry, or residence is or will
be in violation of law; or
(d)
engages in a conspiracy, for commercial advantage or private financial gain, to
commit any of the offenses listed in Subsection
(2)
(a), (b), or (c).
(3)
(a)
(i)
A
Except as provided in Subsection
(3)(a)(ii)
, a
violation of Subsection
(2)(a)
,
(c)
, or
(d)
is a third degree felony.
(ii)
A violation of Subsection
(2)(a)
, (c), or (d) is a second degree felony if a victim
of the offense is younger than 13 years old.
(b)
(i)
A
Except as provided in Subsection
(3)(b)(ii)
, a
violation of

Subsection
(2)(b)
is a class A misdemeanor.
(ii)
A violation of Subsection
(2)(b)
is a third degree felony if a victim of the offense
is younger than 13 years old.
(4)
Nothing in this section prohibits or restricts the provision of:
(a)
a state or local public benefit described in 8 U.S.C. Sec. 1621(b); or
(b)
charitable or humanitarian assistance, including medical care, housing, counseling,
food, victim assistance, religious services and sacraments, or transportation to and
from a location where the assistance is provided, by a charitable, educational, or
religious organization or the employees, agents, or volunteers of a charitable,
educational, or religious organization, using private funds.
(5)
(a)
It is not a violation of this section for a religious denomination or organization or
an agent, officer, or member of a religious denomination or organization to
encourage, invite, call, allow, or enable an alien to perform the vocation of a minister
or missionary for the denomination or organization in the United States as a volunteer
who is not compensated as an employee, notwithstanding the provision of room,
board, travel, medical assistance, and other basic living expenses.
(b)
Subsection
(5)(a)
applies only to an alien who has been a member of the religious
denomination or organization for at least one year.
(6)
An individual's participation in
Title 63G, Chapter 14, Utah Pilot Sponsored Resident
Immigrant Program Act
, either as a sponsor or resident alien, does not constitute
encouraging or inducing an alien to come to, enter, or reside in this state in violation of
Subsection
(2)(c)
.
Section 2. Section
78B-3-113
is amended to read:
78B-3-113
. Right of action for a victim of a human trafficking offense.
(1)
As used in this section:
(a)
"Human trafficking offense" means an offense for:
(i)
human trafficking for labor under Section
76-5-308
;
(ii)
human trafficking for sexual exploitation under Section
76-5-308.1
;
(iii)
human smuggling under Section
76-5-308.3
;
(iv)
human trafficking of a child under Section
76-5-308.5
;
(v)
aggravated human trafficking under Section
76-5-310
;
(vi)
aggravated human smuggling under Section
76-5-310.1
;
or
(vii)
benefitting from human trafficking under Section
76-5-309
.
; or
(viii)
aggravated exploitation of prostitution under Subsection
76-5d-208(3)(b)
.
(b)
"Victim" means an individual against whom a human trafficking offense has been
committed.
(2)
A victim has a right of action against a person that committed a human trafficking
offense against the victim to recover:
(a)
actual damages, compensatory damages, punitive damages, injunctive relief, or any
other appropriate relief for the human trafficking offense; and
(b)
treble damages on proof of actual damages for the human trafficking offense if the
court finds that the person's acts were willful and malicious.
(3)
Notwithstanding any other statute of limitation or repose that may be applicable to an
action described in this section, a victim may only bring an action described in this
section within 10 years after the later of:
(a)
the day on which the victim was freed from the human trafficking or human
smuggling situation;
(b)
the day on which the victim reaches 18 years old; or
(c)
if the victim was unable to bring an action due to a disability, the day on which the
victim's disability ends.
(4)
The time period described in Subsection
(3)
is tolled during a period of time when the
victim fails to bring an action due to the person:
(a)
inducing the victim to delay filing the action;
(b)
preventing the victim from filing the action; or
(c)
threatening and causing duress upon the victim in order to prevent the victim from
filing the action.
(5)
The court shall credit any restitution paid by the person to the victim as described in
Subsection
77-38b-303(5)(b)
.
(6)
The court shall award reasonable attorney fees and costs as described in Subsection
77-38b-303(7)
in an action brought under this section.
(7)
(a)
Notwithstanding Chapter 3a, Venue for Civil Actions, a victim shall bring an
action under this section in the county in which:
(i)
the human trafficking offense occurred;
(ii)
the victim resides; or
(iii)
the defendant resides at the commencement of the action.
(b)
If the defendant is a business organization as defined in Section
78B-3a-101
, the
residence of the business organization is as described in Section
78B-3a-104
.
(8)
If the victim is deceased or otherwise unable to represent the victim's own interests in
the action, a legal guardian, family member, representative of the victim, or court
appointee may bring an action under this section on behalf of the victim.
(9)
This section does not preclude any other remedy available to the victim under the laws
of this state or under federal law.
(10)
In addition to any other remedy, if the attorney general has reason to believe that a
person is committing, has committed, or is about to commit a human trafficking offense,
the attorney general may bring an action against the person to stop or prevent the human
trafficking offense, which may include:
(a)
requesting injunctive relief;
(b)
requesting the appointment of a receiver; and
(c)
if the person is a legal entity, seeking the revocation, cancellation, termination, or
involuntary dissolution of the entity, as appropriate.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-8-26 3:43 PM