(1)
(a) As used in this section:
(i) "Child" means an individual who is younger than 18 years old.
(ii) "Commercial sexual act" means the same as that term is defined in Section 76-5-308.1">76-5-308.1.
(iii) "Commercial sexually explicit performance" means the same as that term is defined in Section 76-5-308.1">76-5-308.1.
(iv) "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 child victim of labor exploitation if:
(a) the actor knowingly requests or accepts services or labor from an individual;
(b) the services or labor described in Subsection (2)(a) is not a commercial sexual act or a commercial sexually explicit performance;
(c) the actor knows, is reckless, or is criminally negligent as to whether, the individual described in Subsection (2)(a) is a child;
(d) the individual described in Subsection (2)(a) is a child; and
(e) 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;
(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; or
(iii) is criminally negligent 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)(e)(i) is a second degree felony.
(b)
(i) Except as provided in Subsection (3)(b)(ii), a violation of Subsection (2)(e)(ii) is a third degree felony.
(ii) A violation of Subsection (2)(e)(ii) is a second degree felony on a second or any subsequent conviction for a violation of Subsection (2)(e)(ii).
(c)
(i) Except as provided in Subsection (3)(c)(ii), a violation of Subsection (2)(e)(iii) is a class A misdemeanor.
(ii) A violation of Subsection (2)(e)(iii) is a third degree felony on a second or any subsequent conviction for a violation of Subsection (2)(e)(iii).