Aggravated human trafficking and aggravated human smuggling -- Penalties.

Checkout our iOS App for a better way to browser and research.



  • (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.




Download our app to see the most-to-date content.