76-5-308.5. Human trafficking of a child for labor.
(1) As used in this section: "Child" means an individual who is younger than 18 years old. "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 the same as that term is defined in Section. 76-5-308 "Fraud" means the same as that term is defined in Section. 76-5-308 Terms defined in Sectionapply to this section. 76-1-101.5
(2) An actor commits human trafficking of a child for labor if: the actor enlists, harbors, transports, obtains, or uses a child for the purpose of procuring or using the child's labor through the use of force, fraud, or coercion of either the child or an individual who has the ability to control the actions of the child; 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 child or another individual; physically restraining, or threatening to physically restrain, the child 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 child or another individual; kidnapping, or threatening to kidnap, the child or another individual; extortion of the child or another individual; facilitating or controlling the child's access to a controlled substance; or creating or exploiting a circumstance under which: the child, or an individual who has the ability to control the actions of the child, is unable to terminate the employment relationship; or the child is unlawfully forced to remain in a condition of servitude.
(3) A violation of Subsectionthat is done knowingly is a first degree felony punishable by a term of imprisonment of not less than: (2) 10 years and which may be for life if the child described in Subsectionis 14 years old or older but younger than 18 years old; or (2) 15 years and which may be for life if the child described in Subsectionis under 14 years old. (2) A violation of Subsectionthat is done recklessly is a second degree felony. (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.
(5) In accordance with Section, it is not a defense to a prosecution under this section that the actor mistakenly believed the child described in Subsectionwas 18 years old or older at the time of the violation of Subsectionor was unaware of the child's true age. 76-2-304.5 (2) (2)