Human trafficking and human smuggling -- Penalties.
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(1) Human trafficking for labor and human trafficking for sexual exploitation are each a second degree felony, except under Section 76-5-310.
(2) Human smuggling under Section 76-5-308 of one or more persons is a second degree felony, except under Section 76-5-310.
(3) Human trafficking for labor or for sexual exploitation, human trafficking of a child, and human smuggling are each a separate offense from any other crime committed in relationship to the commission of either of these offenses.
(4) Under circumstances not amounting to aggravated sexual abuse of a child, a violation of Subsection 76-5-404.1(4)(h), a person who benefits, receives, or exchanges anything of value from knowing participation in:
(a) human trafficking for labor or for sexual exploitation in violation of Section 76-5-308 is guilty of a second degree felony;
(b) human smuggling is guilty of a third degree felony; and
(c) human trafficking of a child is guilty of a first degree felony.
(5) A person commits a separate offense of human trafficking, human trafficking of a child, or human smuggling for each person who is smuggled or trafficked under Section 76-5-308, 76-5-308.5, or 76-5-310.