(1)
(a) As used in this section:
(i) "Commercial sexual act" means the same as that term is defined in Section 76-5-308.1.
(ii) "Commercial sexually explicit performance" means the same as that term is defined in Section 76-5-308.1.
(iii) "Extortion" means an offense of:
(A) sexual extortion or aggravated sexual extortion under Section 76-5b-204; or
(B) theft by extortion under Section 76-6-406.
(iv) "Fraud" means a knowingly false or misleading material representation of fact that is:
(A) made to obtain money, property, a benefit, or a service to which a person is not entitled;
(B) intended to cause another person to rely upon the representation; and
(C) relied upon by another person.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits human trafficking for labor if:
(a) the actor enlists, harbors, transports, obtains, or uses an individual for the purpose of procuring or using the individual's labor through the use of force, fraud, or coercion;
(b) the labor described in Subsection (2)(a) is not a commercial sexual act or a commercial sexually explicit performance; and
(c) the actor's use of force, fraud, or coercion described in Subsection (2)(a) involves:
(i) causing, or threatening to cause, serious harm to the individual or another individual;
(ii) physically restraining, or threatening to physically restrain, the individual or another individual;
(iii) destroying, concealing, removing, confiscating, or unlawfully possessing a passport, immigration document, or other government-issued identification document;
(iv) using, or threatening to use, the legal process in an unlawful manner against the individual or another individual;
(v) kidnapping, or threatening to kidnap, the individual or another individual;
(vi) extortion of the individual or another individual;
(vii) facilitating or controlling the individual's access to a controlled substance; or
(viii) creating or exploiting a circumstance under which:
(A) the individual is unable to terminate the employment relationship; or
(B) the individual is unlawfully forced to remain in a condition of servitude.
(3)
(a) A violation of Subsection (2) is a second degree felony if the violation is done knowingly.
(b) A violation of Subsection (2) is a third degree felony if the violation is done recklessly.
(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.