(1) (a) As used in this section: (i) "Child" means an individual who is younger than 18 years old. (ii) "Commercial sexual act" means the same as that term is defined in Section 76-5-308.1 . (iii) "Commercial sexually explicit performance" means the same as that term is defined in Section 76-5-308.1 . (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits human trafficking of a child for commercial sexual exploitation if the actor enlists, harbors, transports, obtains, patronizes, or solicits a child for the purpose of procuring the child's labor in the form of a commercial sexual act or a commercial sexually explicit performance. (3) (a) A violation of Subsection (2) that is done knowingly is a first degree felony punishable by a term of imprisonment of not less than: (i) 10 years and which may be for life if the child described in Subsection (2) is 14 years old or older but younger than 18 years old; or (ii) 15 years and which may be for life if the child described in Subsection (2) is under 14 years old. (b) A violation of Subsection (2) that is done recklessly is a second degree felony. (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. (5) In accordance with Section 76-2-304.5 , it is not a defense to a prosecution under this section that the actor mistakenly believed the child described in Subsection (2) was 18 years old or older at the time of the violation of Subsection (2) or was unaware of the child's true age.
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