(1) (a) As used in this section: (i) "Commercial sexual act" means the same as that term is defined in Section 76-5-308.1 . (ii) "Commercial sexually explicit performance" means the same as that term is defined in Section 76-5-308.1 . (iii) "Extortion" means an offense of: (A) sexual extortion or aggravated sexual extortion under Section 76-5b-204 ; or (B) theft by extortion under Section 76-6-406 . (iv) "Fraud" means a knowingly false or misleading material representation of fact that is: (A) made to obtain money, property, a benefit, or a service to which a person is not entitled; (B) intended to cause another person to rely upon the representation; and (C) relied upon by another person. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits human trafficking for labor if: (a) the actor enlists, harbors, transports, obtains, or uses an individual for the purpose of procuring or using the individual's labor through the use of force, fraud, or coercion; (b) the labor described in Subsection (2)(a) is not a commercial sexual act or a commercial sexually explicit performance; and (c) the actor's use of force, fraud, or coercion described in Subsection (2)(a) involves: (i) causing, or threatening to cause, serious harm to the individual or another individual; (ii) physically restraining, or threatening to physically restrain, the individual or another individual; (iii) destroying, concealing, removing, confiscating, or unlawfully possessing a passport, immigration document, or other government-issued identification document; (iv) using, or threatening to use, the legal process in an unlawful manner against the individual or another individual; (v) kidnapping, or threatening to kidnap, the individual or another individual; (vi) extortion of the individual or another individual; (vii) facilitating or controlling the individual's access to a controlled substance; or (viii) creating or exploiting a circumstance under which: (A) the individual is unable to terminate the employment relationship; or (B) the individual is unlawfully forced to remain in a condition of servitude. (3) (a) A violation of Subsection (2) is a second degree felony if the violation is done knowingly. (b) A violation of Subsection (2) is a third degree felony if the violation is done recklessly. (4) An offense committed under this section is a separate offense from any other offense committed in relationship to the commission of an offense under this section.
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