(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 the same as that term is defined in Section 76-5-308 . (iv) "Fraud" means the same as that term is defined in Section 76-5-308 . (v) "Vulnerable adult" means the same as that term is defined in Section 76-5-111 . (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits human trafficking of a vulnerable adult for labor if: (a) the actor enlists, harbors, transports, obtains, or uses a vulnerable adult for the purpose of procuring or using the vulnerable adult's labor through the use of force, fraud, or coercion of either the vulnerable adult or an individual who has the ability to control the actions of the vulnerable adult; (b) the labor described in Subsection (2)(a) is not a commercial sexual act or a commercial sexually explicit performance; (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 vulnerable adult or another individual; (ii) physically restraining, or threatening to physically restrain, the vulnerable adult 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 vulnerable adult or another individual; (v) kidnapping, or threatening to kidnap, the vulnerable adult or another individual; (vi) extortion of the vulnerable adult or another individual; (vii) facilitating or controlling the vulnerable adult's access to a controlled substance; or (viii) creating or exploiting a circumstance under which: (A) the vulnerable adult, or an individual who has the ability to control the actions of the vulnerable adult, is unable to terminate the employment relationship; or (B) the vulnerable adult is unlawfully forced to remain in a condition of servitude; and (d) the actor knows, is reckless, or is criminally negligent as to whether, the vulnerable adult described in Subsection (2)(a) is a vulnerable adult. (3) (a) A violation of Subsection (2) in which the violation of Subsections (2)(a) and (c) is done knowingly is a first degree felony punishable by a term of imprisonment of not less than 10 years and which may be for life. (b) A violation of Subsection (2) in which the violation of Subsections (2)(a) and (c) 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.
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