All Roll Calls
Yes: 138 • No: 7
UtahS.B. 302026 General SessionSenateWALLET
Human Trafficking, Exploitation, and Smuggling Amendments
Sponsored By: Calvin R. Musselman (Republican)
Signed by Governor
CrimesLaw Enforcement and Criminal JusticeSexual OffensesAbuse, Neglect, or Exploitation of Vulnerable AdultsHuman Trafficking
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Bill Overview
Analyzed Economic Effects
22 provisions identified: 11 benefits, 1 costs, 10 mixed.
Child trafficking: services and court limits
DCFS provides services to minors who are trafficking or smuggling victims, or who engaged in listed prostitution or solicitation, within available funding and federal rules. Beginning May 6, 2026, if a court finds by clear and convincing evidence that a parent subjected a child to aggravated circumstances, including torture or child trafficking, the court presumes reunification services should not be provided. Code exceptions still apply.
Stronger protections and notice for victims
Courts can issue a no‑contact order at any hearing in listed kidnapping, trafficking, or smuggling cases. Violating the order is a third‑degree felony. Prosecutors must tell victims as soon as possible if a case may end in a plea and explain details if the victim asks. Trafficking tied to commercial sex now counts as sexual violence for protective orders, and Safe at Home covers listed trafficking crimes for address confidentiality.
More protections for trafficked children
Child trafficking for labor or commercial sex now counts as legal “abuse” under juvenile and protective‑order laws. If police find a child in commercial sex, they must check for trafficking, take the child to a receiving center if available, contact a guardian when possible, and refer the child to child welfare for services.
Crackdown on profiteers and exploitation
Anyone who gets money or value from knowing participation in trafficking, child trafficking, trafficking of vulnerable adults, or smuggling is treated as a party to the crime. Aggravated exploitation tied to trafficking or smuggling is a higher felony. If it involves a child, it is a first‑degree felony. Courts must impose the maximum fine and cannot waive or suspend it.
Crimes for using trafficked labor
It is a crime to request or accept non‑sex labor from trafficking victims. Knowing patronizing is a felony; reckless or negligent conduct brings lower penalties that rise for repeat offenses. Penalties are higher when the victim is a child or a vulnerable adult.
Harsher penalties for child sexual exploitation
Using phones or the internet to solicit or groom a minor for sex is a crime, with tougher penalties for serious acts and prior offenders. Paying or offering to pay a child for sex is a crime, with felony penalties by age. Police must treat a child in commercial sex as a victim, refer them to services, and avoid delinquency charges. A mistake about the victim’s age is not a defense for listed child‑exploitation and trafficking crimes. Sentences can be tougher if the crime involved a ritual or if the offender traveled more than 45 miles or arranged the child’s travel that far to commit the crime.
Harsher penalties for human trafficking
The law creates aggravated first‑degree felonies for severe commercial‑sex trafficking, including when there is death, serious injury, listed sex crimes, many victims, or long captivity. It also punishes commercial‑sex trafficking of vulnerable adults: knowing conduct carries at least 10 years and may be life; reckless conduct is a second‑degree felony. Mistake as to age is not a defense in the child‑trafficking offense.
Harsher penalties for trafficking crimes
The law defines labor trafficking and commercial‑sex trafficking and lists coercion methods like force, threats, taking IDs, and misuse of legal process. Knowing commercial‑sex trafficking is a first‑degree felony. For child labor trafficking, a knowing offense is a first‑degree felony with at least 10 years in prison (15 years if the child is under 14), and a mistake about the child’s age is not a defense. For vulnerable adults, knowing labor trafficking is a first‑degree felony with at least 10 years. Aggravated labor trafficking is a first‑degree felony when there is death, serious injury, certain sexual crimes, 10 or more victims, or captivity over 30 days.
More tools to investigate trafficking
Child commercial‑sex trafficking now counts as a sexual offense for getting electronic records. Judges can approve wiretaps for added trafficking and smuggling crimes. Aggravated human smuggling is added to the list of crimes that require DNA collection. Several trafficking crimes now have no time limit for prosecutors to file charges.
Tougher crimes for human smuggling
Commercial human smuggling is a second‑degree felony when someone transports people for money or value knowing they are not lawfully in the state. Aggravated human smuggling is a first‑degree felony if it causes death or serious injury, involves an unaccompanied child, certain sexual crimes, or 10 or more people. The list of predicate crimes for pattern‑of‑unlawful‑activity now includes the updated smuggling offenses.
Smuggling added to offender registry
The registry now covers human smuggling and aggravated human smuggling. People convicted of those crimes must register and follow reporting and residency limits tied to registry status.
Higher bar for non-parent custody
A non‑parent can get custody or visitation only with clear and convincing proof they acted as a parent, have a strong bond, and that losing contact would harm the child. File in juvenile court if a case is open, or in district court where the child lives or recently lived. Courts may not give custody to a non‑parent with listed serious felonies before the order. Someone with a disqualifying offense may be considered only under strict criteria, including being a statutory relative.
Registry updates: new entries, early removal
Human smuggling and aggravated smuggling now require registry time under the 10‑year or lifetime rules. If you are on a 10‑year registry, you can ask a court to remove you after 10 years in the community with no new class A misdemeanor, felony, or capital felony, after you finish ordered treatment and pay restitution. The 10 years start after the later of events like parole release or the end of probation. Some crimes count for the 10‑year process if you were under 21 and no force or coercion was used. If your conviction was from another state, you can seek removal in Utah when that state does not require lifetime registration, you meet the 10‑year rules, you lived in Utah at least 183 days in each of two straight years, you plan to live mainly in Utah, and you have that state’s court order allowing removal.
Stricter adoption rules with narrow exceptions
Adults who cohabit without a valid marriage generally cannot adopt, unless the adult is a relative or the placement is under the Indian Child Welfare Act. An adoptive adult must be at least 10 years older than the child; for a married couple, at least one spouse must meet this rule. Adults with listed serious convictions cannot adopt. A person with a disqualifying offense may be considered only under strict rules: 10 clean years after release, proof of treatment, a long bond, and a stepparent or limited relative adoption; courts favor another responsible relative without such an offense.
New rules for family reunification and placement
If the court orders reunification, it must allow reasonable parent‑time unless it would harm the child. Starting May 6, 2026, reunification services are capped at 12 months from removal unless extended by law. The court may not deny services only because a parent agrees or disagrees with a child’s gender identity or sexual orientation, unless that causes or relates to harm. Courts must prefer kinship placement and must order reasonable services for incarcerated or institutionalized parents unless that would be detrimental. For parents in treatment (not a certified drug court), the court can require extra drug or alcohol tests on reasonable suspicion and require sharing program‑recommended results.
Stricter background checks for caregivers
The law tightens background checks for foster and adoptive homes, congregate care, and direct‑access jobs. The Office must deny status for listed serious felonies, for covered crimes within 3 years, and for certain violent or drug felonies within 5 years. In many other cases, the Office must do a full review using set factors and multi‑state child‑abuse registry checks for applicants and most household adults. The Office and BCI run state, regional, and national fingerprint searches, monitor for new criminal activity, and must destroy prints when direct access ends. You can get temporary access while results arrive (up to 60 days, or up to one year for some out‑of‑state registry checks), and you may request a hearing if denied. The law also clarifies who counts as an applicant for required checks.
More immigration checks after arrests and stops
If you cannot show ID and are arrested for a class A misdemeanor or a felony, officers must ask federal authorities to verify immigration status. For class B or C misdemeanors, officers may check, and must try if you are booked. During stops with reasonable suspicion of trafficking or smuggling, police can detain occupants briefly to ask about immigration status. Agencies must request a DHS detainer for people in custody verified as illegal aliens. Officers may delay or skip verification if it would hinder an investigation, and they may not consider race, color, or national origin beyond what the Constitution allows. Booking officers must request verification as promptly as reasonably possible.
Defenses kept in custody cases
A person can defend certain custody or restraint charges by showing a reasonable belief the act was needed to prevent imminent harm or was authorized by law. If the person restrained is under 18 or a dependent adult, it is a defense to reasonably believe a custodian or guardian would have consented. The prior bar on using this consent defense for a listed offense is removed.
Fewer immigration checks in schools, small towns
Officers serving as school resource officers do not check immigration status while acting in that role. In towns with only one officer on duty and no backup, the immigration‑verification rule does not apply.
Care settings: stricter supervision, fairer reviews
Programs may not allow unsupervised direct access to a child or vulnerable adult, unless a parent or guardian is present or approves, a vulnerable adult invites the visitor, or the person gives only incidental foster‑child care chosen by the foster parent. Peer support providers and some mental health professionals get an individualized background review instead of automatic denial. For congregate care employees with an approved background screening on or before July 1, 2025, the new denial rule does not apply retroactively. The division can grant temporary direct‑access status if the person is directly supervised at all times.
School enrollment ID checks and reports
For a child’s first enrollment at a school, the enroller must provide a certified birth certificate or other reliable proof and an affidavit within 30 days. If documents are missing or seem wrong about biological age, a three‑person review team decides placement and must report any signs of child trafficking to police and child protection.
Old trafficking definitions section repealed
The law removes the prior definitions section from the criminal code. This change took effect May 6, 2026 and may affect how related provisions read.
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Sponsors & Cosponsors
Sponsor
Calvin R. Musselman
Republican • Senate
Cosponsors
Ryan D. Wilcox
Republican • House
Roll Call Votes
Senate vote • 2/27/2026
Senate/ concurs with House amendment
Yes: 22 • No: 0
House vote • 2/26/2026
House/ passed 3rd reading
Yes: 42 • No: 7
House vote • 2/2/2026
House Comm - Substitute Recommendation
Yes: 10 • No: 0
House vote • 2/2/2026
House Comm - Favorable Recommendation
Yes: 10 • No: 0
Senate vote • 1/21/2026
Senate/ passed 3rd reading
Yes: 26 • No: 0
Senate vote • 1/20/2026
Senate/ passed 2nd reading
Yes: 28 • No: 0
Actions Timeline
Governor Signed
3/23/2026Senate/ to Governor
3/11/2026SenateSenate/ received enrolled bill from Printing
3/11/2026SenateSenate/ enrolled bill to Printing
3/3/2026SenateEnrolled Bill Returned to House or Senate
3/3/2026Draft of Enrolled Bill Prepared
3/3/2026Bill Received from Senate for Enrolling
3/3/2026Senate/ signed by President/ sent for enrolling
2/27/2026SenateSenate/ received from House
2/27/2026SenateHouse/ to Senate
2/27/2026HouseHouse/ signed by Speaker/ returned to Senate
2/27/2026HouseHouse/ received from Senate
2/27/2026HouseSenate/ to House
2/27/2026SenateSenate/ concurs with House amendment
2/27/2026SenateSenate/ placed on Concurrence Calendar
2/26/2026SenateSenate/ received from House
2/26/2026SenateHouse/ to Senate
2/26/2026HouseHouse/ passed 3rd reading
2/26/2026HouseHouse/ 3rd reading
2/26/2026HouseHouse/ 2nd reading
2/24/2026HouseHouse/ Rules to 3rd Reading Calendar
2/24/2026HouseHouse/ return to Rules due to fiscal impact
2/3/2026HouseHouse/ comm rpt/ substituted
2/3/2026HouseHouse Comm - Favorable Recommendation
2/2/2026House Comm - Substitute Recommendation
2/2/2026
Bill Text
Enrolled
3/3/2026
Substitute #1
1/23/2026
Introduced
12/16/2025
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