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House approves tougher penalties for human trafficking; mandatory minimums prompt objections

February 25, 2025 | 2025 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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House approves tougher penalties for human trafficking; mandatory minimums prompt objections
The Utah House on Feb. 25, 2025, passed first substitute House Bill 405, a measure to raise penalties for certain human-trafficking offenses, with a recorded vote of 62-5.

Sponsor Representative Paul Perucci told colleagues that Utah's mandatory minimums lag behind other states and said the bill would elevate trafficking of a child to a first-degree felony with a minimum sentence of 10 years. "Some crimes deserve a mandatory minimum," Perucci said, asking colleagues to support the measure to send a clear message that Utah will not tolerate trafficking.

Representative Owens, speaking in opposition, said his concern was not with the goal of stiffer penalties but with the mandatory-minimum language. As a former criminal-defense lawyer, he argued mandatory minimums can sweep up people who are tangentially involved and remove judicial discretion to weigh facts and culpability. "When we set mandatory minimums, we're taking that discretion away from the person most able to see whether justice is being done," Owens said.

Other members spoke in favor. Representative Schmidt said penalties should be higher to deter damage to victims: "If it was up to me, it would be a lot higher than 10 years or 15 years," he said.

After floor debate, the House voted to pass the bill 62-5. The bill, as described on the floor, increases penalties for trafficking a child; the sponsor said it changes sentencing to a first-degree felony with no less than 10 years imprisonment. The House transmitted the bill to the Senate for consideration.

Provenance: Discussion and vote are on the House floor transcript during the third-reading calendar (topic introduction at timestamp s~1310 to the debate beginning at s~1312 and vote announcement at s~1682).

Ending: The bill passed the House and will now proceed to the Senate. Because the change includes mandatory minimum sentences as presented on the floor, legislative and legal stakeholders said post-passage work may clarify statutory text and sentencing-process details.

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