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

19 provisions identified: 10 benefits, 8 costs, 1 mixed.

Trafficking convictions limit custody and adoption

Beginning May 6, 2026, listed child-trafficking felonies and attempted felonies generally bar nonparent custody and adoption. Convictions and guilty or no-contest pleas count, including for patronizing a child's trafficked labor. Exceptions require clear and convincing evidence, successful release from custody or supervision at least 10 years earlier, and no specified disqualifying conviction in the past 10 years. They also require rehabilitation and proof that placement serves the child's best interests. Custody exceptions require a qualifying relative; adoption exceptions require a qualifying stepparent or relative and additional placement and evaluation requirements.

Some young offenders get earlier registry review

Some offenders can petition for registry removal after 10 years instead of the usual 20-year petition period. The sentencing court must find they were under 21 when the offense occurred and that it involved no force or coercion. They must have no class A misdemeanor, felony, or capital felony conviction during the relevant 10 years. They must also finish all ordered treatment and pay all ordered restitution. Petitioning does not guarantee removal.

Victims gain pretrial no-contact order access

Utah courts can issue pretrial no-contact orders in listed felony kidnapping, trafficking, and smuggling cases. The defendant must be present at the hearing. Orders can bar contact, require the defendant to stay away from specified places, and provide other relief needed for victim safety.

More help for child trafficking victims

Utah's Division of Child and Family Services must serve minors harmed by the listed trafficking and smuggling offenses. Officers who encounter children in commercial sex or sexual solicitation must investigate possible trafficking and refer them for child-welfare services. Referred children are not subject to delinquency proceedings for that commercial sex or solicitation. Schools must report signs of child labor or sex trafficking found during a student's biological-age review. Those reports go to local police and the Division of Child and Family Services.

Suspected smuggling expands vehicle detention inquiries

After a lawful vehicle stop, detention, or arrest, officers have expanded duties when investigating the primary offense. Facts must create reasonable suspicion that an operator or passenger violated a listed trafficking, smuggling, or related transportation law. Officers must detain occupants to investigate and ask about immigration status, when possible within a reasonable time. This is not a general requirement for all residents to disclose immigration status.

Trafficking parents face reunification service limits

Juvenile courts presume reunification services should not be provided when a parent subjected a child to listed child-trafficking offenses. The court must find clear and convincing evidence of that conduct. This limits the parent's access to services aimed at bringing the family back together.

Trafficking felonies bar direct-access care clearance

Utah's background-processing office must deny direct-access qualified status for listed child-trafficking felony convictions. Covered crimes include child labor trafficking, child commercial sex trafficking, and patronizing a child's trafficked labor. Equivalent out-of-state crimes count when the conduct matches a covered Utah offense. The restriction affects clearance for work or care involving children or vulnerable adults.

Child sex exploitation faces revised charges

Exploiting prostitution while committing listed trafficking or smuggling crimes qualifies as aggravated exploitation. It is a first-degree felony when a child is involved, and otherwise a second-degree felony. The law also updates which trafficking and smuggling crimes are separate from child sexual solicitation. That solicitation rule applies to actors age 12 or older and covers payments, offers, agreements, requests, or directions for specified sexual activity for a fee. It applies only when the conduct does not amount to one of the separately listed offenses.

Felony penalties target labor and sex trafficking

The law defines labor and commercial sex trafficking involving listed forms of force, fraud, or coercion. Listed methods include serious harm, restraint, document interference, misuse of legal process, kidnapping, extortion, and control over drug access. Knowing labor trafficking is a second-degree felony; reckless labor trafficking is a third-degree felony. For commercial sex trafficking, knowing violations involving sexual acts are first-degree felonies, while reckless violations involving acts are second-degree felonies. For commercially sexually explicit performances, knowing violations are second-degree felonies and reckless violations are third-degree felonies.

Investigators gain trafficking records and wiretaps

Investigators can seek court-ordered electronic records for child commercial sex trafficking investigations. Requests require reasonable suspicion that the service was used, specific facts showing relevant and material records, prosecutor approval, and a magistrate's order. Judges can authorize communications interception for more child and vulnerable-adult trafficking and smuggling offenses after an authorized prosecutor approves the application. The interception must provide or potentially provide evidence of a listed offense. Added trafficking and smuggling crimes also support racketeering cases involving at least three related episodes showing continuing unlawful activity.

Severe trafficking brings longer minimum sentences

Labor and commercial sex trafficking become aggravated offenses when they cause death or serious bodily injury. Other triggers include specified sexual offenses, trafficking 10 or more people, or trafficking someone for more than 30 consecutive days. Each aggravated offense is a first-degree felony carrying at least 10 years in prison, with a possible life sentence. These offenses are separate from related crimes.

Stronger criminal protections against child trafficking

The law covers child labor obtained through listed forms of force, fraud, or coercion. It also covers recruiting, transporting, obtaining, patronizing, or soliciting children for commercial sexual acts or sexually explicit performances. Knowing violations are first-degree felonies carrying 10 years to life for victims ages 14–17, or 15 years to life for victims under 14. Reckless violations are second-degree felonies. Defendants cannot use mistaken belief that the child was an adult, or lack of knowledge of the child's age, as a defense.

Stronger trafficking protections for vulnerable adults

The law defines separate labor and commercial sexual exploitation trafficking offenses involving vulnerable adults. Labor trafficking requires listed forms of force, fraud, or coercion and excludes commercial sexual activity. The sexual exploitation offense covers obtaining, recruiting, transporting, patronizing, or soliciting a vulnerable adult for commercial sexual acts or sexually explicit performances. Knowing violations carry 10 years to life as first-degree felonies; reckless violations are second-degree felonies. These crimes are separate from related offenses.

Trafficking prosecutions gain stronger legal tools

Prosecutors can start child commercial sex trafficking and aggravated human smuggling cases at any time, without a prosecution deadline. Certain reasonable-belief defenses apply only to listed kidnapping, custodial-interference, and unlawful-detention offenses. They address preventing imminent injury or death, legally authorized restraint, or expected consent from a specified custodian. Those defenses do not extend to trafficking offenses outside the list.

Child trafficking affects sentencing and parole

Courts and Utah's parole board must consider qualifying ritual-related conduct as an aggravating factor in child commercial sex trafficking cases. They must also consider travel more than 45 miles from the defendant's main home to commit or attempt that offense. Paying for or arranging the victim's travel more than 45 miles from the victim's main home also qualifies. A prior child commercial sex trafficking conviction triggers sentencing limits after a felony conviction for enticing a minor. Courts cannot shorten prison terms, grant probation, suspend sentences, lower the offense category, or order hospitalization in those cases.

Customers face penalties for coerced labor

Requesting or accepting non-sexual labor or services brings penalties based on awareness that force, fraud, or coercion caused them. For adult victims generally, knowing awareness is a third-degree felony; recklessness is a class A misdemeanor, rising to a third-degree felony for repeat convictions. For children and vulnerable adults, knowing awareness is a second-degree felony. Recklessness is a third-degree felony, rising to a second-degree felony for repeat convictions; criminal negligence is a class A misdemeanor, rising to a third-degree felony for repeat convictions. Child and vulnerable-adult offenses also account for the person's awareness of the victim's age or status.

Paid human smuggling brings felony penalties

Commercial smuggling includes arranging or helping transportation to obtain or try to obtain a fee or something of value. Help can include travel plans, travel costs, property, or lodging. Covered transportation is a second-degree felony when the actor knows or has reason to know the people lack lawful status or entitlement to be in Utah. Aggravated smuggling involves death, serious injury, specified sexual offenses, 10 or more people, or a child without an accompanying family member age 18 or older. It is a separate first-degree felony.

Smuggling convictions add registry and DNA duties

Covered child smuggling convictions require kidnap-offender registration when the offender was not the child's natural parent. Applicable registration criteria, including relevant residency and out-of-state criteria, must also apply. Covered smuggling offenses fall in the 10-year registration category, measured after the sentence ends. DNA collection rules also cover aggravated human trafficking when an applicable conviction, booking, or juvenile adjudication criterion applies.

Trafficking participants face revised liability rules

People who knowingly participate in listed trafficking or smuggling offenses for something of value are parties to those offenses. This includes receiving, exchanging, or benefiting from something of value. The law removes the participation provision's former stand-alone felony grading and minimum prison terms. It also removes a former rule counting each trafficked or smuggled person as a separate offense under six listed sections. These removals do not establish that participants escape penalties under the revised offense framework.

Sponsors & Cosponsors

Sponsor

Calvin R. Musselman
Republican • Senate

Cosponsors

Ryan D. Wilcox
Republican • House

Roll Call Votes

All Roll Calls

Yes: 138 • No: 7

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