76-5-314. Patronizing a child victim of human labor trafficking.
(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 "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 patronizing a child victim of labor exploitation if: the actor knowingly requests or accepts services or labor from an individual; the services or labor described in Subsectionis not a commercial sexual act or a commercial sexually explicit performance; (2)(a) the actor knows, is reckless, or is criminally negligent as to whether, the individual described in Subsectionis a child; (2)(a) the individual described in Subsectionis a child; and (2)(a) the actor: 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; 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 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 violation of Subsectionis a second degree felony. (2)(e)(i) Except as provided in Subsection, a violation of Subsectionis a third degree felony. (3)(b)(ii) (2)(e)(ii) A violation of Subsectionis a second degree felony on a second or any subsequent conviction for a violation of Subsection. (2)(e)(ii) (2)(e)(ii) Except as provided in Subsection, a violation of Subsectionis a class A misdemeanor. (3)(c)(ii) (2)(e)(iii) A violation of Subsectionis a third degree felony on a second or any subsequent conviction for a violation of Subsection. (2)(e)(iii) (2)(e)(iii)