(1) An actor commits aggravated human trafficking for forced labor or forced sexual exploitation or aggravated human smuggling if, in the course of committing a human trafficking for forced labor or for forced sexual exploitation, a violation of Section 76-5-308, or human smuggling 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 76-5-405; (d) involves 10 or more victims in a single episode of human trafficking or human smuggling; or (e) involves a victim who is held against the victim's will for longer than 30 consecutive days.

(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 76-5-405;

(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 76-5-405;

(d) involves 10 or more victims in a single episode of human trafficking or human smuggling; or

(e) involves a victim who is held against the victim's will 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.

(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 second 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.

(a) Aggravated human trafficking is a first degree felony.

(b) Aggravated human smuggling is a second 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.