76-5-308. Human trafficking for labor.
(1) As used in this section: "Commercial sexual act" means the same as that term is defined in Section. 76-5-308.1 "Commercial sexually explicit performance" means the same as that term is defined in Section. 76-5-308.1 "Extortion" means an offense of: sexual extortion or aggravated sexual extortion under Section; or 76-5b-204 theft by extortion under Section. 76-6-406 "Fraud" means a knowingly false or misleading material representation of fact that is: made to obtain money, property, a benefit, or a service to which a person is not entitled; intended to cause another person to rely upon the representation; and relied upon by another person. Terms defined in Sectionapply to this section. 76-1-101.5
(2) An actor commits human trafficking for labor if: the actor enlists, harbors, transports, obtains, or uses an individual for the purpose of procuring or using the individual's labor through the use of force, fraud, or coercion; the labor described in Subsectionis not a commercial sexual act or a commercial sexually explicit performance; and (2)(a) the actor's use of force, fraud, or coercion described in Subsectioninvolves: (2)(a) causing, or threatening to cause, serious harm to the individual or another individual; physically restraining, or threatening to physically restrain, the individual or another individual; destroying, concealing, removing, confiscating, or unlawfully possessing a passport, immigration document, or other government-issued identification document; using, or threatening to use, the legal process in an unlawful manner against the individual or another individual; kidnapping, or threatening to kidnap, the individual or another individual; extortion of the individual or another individual; facilitating or controlling the individual's access to a controlled substance; or creating or exploiting a circumstance under which: the individual is unable to terminate the employment relationship; or the individual is unlawfully forced to remain in a condition of servitude.
(3) A violation of Subsectionis a second degree felony if the violation is done knowingly. (2) A violation of Subsectionis a third degree felony if the violation is done recklessly. (2)
(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.