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Utah Code Title 78B. Judicial Code § 78B-3-113. Right of action for a victim of a human trafficking offense

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) As used in this section:

(a) “Human trafficking offense” means an offense for:

(i) human trafficking for labor under Section 76-5-308;

(ii) human trafficking for sexual exploitation under Section 76-5-308.1;

(iii) human smuggling under Section 76-5-308.3;

(iv) human trafficking of a child under Section 76-5-308.5;

(v) aggravated human trafficking under Section 76-5-310;

(vi) aggravated human smuggling under Section 76-5-310.1; or

(vii) benefitting from human trafficking under Section 76-5-309.

(b) “Victim” means an individual against whom a human trafficking offense has been committed.

(2) A victim has a right of action against a person that committed a human trafficking offense against the victim to recover:

(a) actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief for the human trafficking offense; and

(b) treble damages on proof of actual damages for the human trafficking offense if the court finds that the person's acts were willful and malicious.

(3) Notwithstanding any other statute of limitation or repose that may be applicable to an action described in this section, a victim may only bring an action described in this section within 10 years after the later of:

(a) the day on which the victim was freed from the human trafficking or human smuggling situation;

(b) the day on which the victim reaches 18 years old; or

(c) if the victim was unable to bring an action due to a disability, the day on which the victim's disability ends.

(4) The time period described in Subsection (3) is tolled during a period of time when the victim fails to bring an action due to the person:

(a) inducing the victim to delay filing the action;

(b) preventing the victim from filing the action; or

(c) threatening and causing duress upon the victim in order to prevent the victim from filing the action.

(5) The court shall credit any restitution paid by the person to the victim as described in Subsection 77-38b-303(5)(b).

(6) The court shall award reasonable attorney fees and costs as described in Subsection 77-38b-303(7) in an action brought under this section.

(7)(a) Notwithstanding Chapter 3a, Venue for Civil Actions, a victim shall bring an action under this section in the county in which:

(i) the human trafficking offense occurred;

(ii) the victim resides; or

(iii) the defendant resides at the commencement of the action.

(b) If the defendant is a business organization as defined in Section 78B-3a-101, the residence of the business organization is as described in Section 78B-3a-104.

(8) If the victim is deceased or otherwise unable to represent the victim's own interests in the action, a legal guardian, family member, representative of the victim, or court appointee may bring an action under this section on behalf of the victim.

(9) This section does not preclude any other remedy available to the victim under the laws of this state or under federal law.

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Cite this article: FindLaw.com - Utah Code Title 78B. Judicial Code § 78B-3-113. Right of action for a victim of a human trafficking offense - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-78b-judicial-code/ut-code-sect-78b-3-113/

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