(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 . (iv) "Fraud" means the same as that term is defined in Section 76-5-308 . (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits patronizing a child victim of labor exploitation if: (a) the actor knowingly requests or accepts services or labor from an individual; (b) the services or labor described in Subsection (2)(a) is not a commercial sexual act or a commercial sexually explicit performance; (c) the actor knows, is reckless, or is criminally negligent as to whether, the individual described in Subsection (2)(a) is a child; (d) the individual described in Subsection (2)(a) is a child; and (e) the actor: (i) knows the individual's services or labor is being provided as a result of another person's exercise of force, fraud, or coercion over the individual; (ii) is reckless as to whether the individual's services or labor is being provided as a result of another person's exercise of force, fraud, or coercion over the individual; or (iii) is criminally negligent as to whether the individual's services or labor is being provided as a result of another person's exercise of force, fraud, or coercion over the individual. (3) (a) A violation of Subsection (2)(e)(i) is a second degree felony. (b) (i) Except as provided in Subsection (3)(b)(ii) , a violation of Subsection (2)(e)(ii) is a third degree felony. (ii) A violation of Subsection (2)(e)(ii) is a second degree felony on a second or any subsequent conviction for a violation of Subsection (2)(e)(ii) . (c) (i) Except as provided in Subsection (3)(c)(ii) , a violation of Subsection (2)(e)(iii) is a class A misdemeanor. (ii) A violation of Subsection (2)(e)(iii) is a third degree felony on a second or any subsequent conviction for a violation of Subsection (2)(e)(iii) .
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