Aggravated human trafficking and aggravated human smuggling -- Penalties.
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(1) An actor commits aggravated human trafficking for labor or sexual exploitation or aggravated human smuggling if, in the course of committing an offense under Section 76-5-308, the offense:
(a) results in the death of the trafficked or smuggled person;
(b) results in serious bodily injury of the trafficked or smuggled person;
(c) involves:
(i) rape under Section 76-5-402;
(ii) rape of a child under Section 76-5-402.1;
(iii) object rape under Section 76-5-402.2;
(iv) object rape of a child under Section 76-5-402.3;
(v) forcible sodomy under Section 76-5-403;
(vi) sodomy on a child under Section 76-5-403.1;
(vii) aggravated sexual abuse of a child under Section 76-5-404.1; or
(viii) aggravated sexual assault under Section 76-5-405;
(d) involves 10 or more victims; or
(e) involves a victim trafficked for longer than 30 consecutive days.
(2) An actor commits aggravated human smuggling if the actor commits human smuggling under Section 76-5-308 and any human being whom the person engages in smuggling is:
(a) a child; and
(b) not accompanied by a family member who is 18 years of age or older.
(3)
(a) Aggravated human trafficking is a first degree felony.
(b) Aggravated human smuggling is a first degree felony.
(c) Aggravated human trafficking and aggravated human smuggling are each a separate offense from any other crime committed in relationship to the commission of either of these offenses.