(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">76-5-308.1.
(ii) "Commercial sexually explicit performance" means the same as that term is defined in Section 76-5-308.1">76-5-308.1.
(iii) "Fraud" means the same as that term is defined in Section 76-5-308.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits patronizing a victim of labor trafficking if:
(a) the actor knowingly requests or accepts labor or services from an individual;
(b) the labor or services described in Subsection (2)(a) is not a commercial sexual act or a commercial sexually explicit performance; and
(c) the actor:
(i) 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; or
(ii) 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.
(3)
(a) A violation of Subsection (2)(c)(i) is a third degree felony.
(b)
(i) Except as provided in Subsection (3)(b)(ii), a violation of Subsection (2)(c)(ii) is a class A misdemeanor.
(ii) A violation of Subsection (2)(c)(ii) is a third degree felony on a second or any subsequent conviction for a violation of Subsection (2)(c)(ii).