22-49-2. First degree human trafficking--Felony--Attempt against minor.

If a person is guilty of human trafficking under § 22-49-1, and the act:

(1)    Involves committing or attempting to commit kidnapping;

(2)    Involves a victim under the age of eighteen years;

(3)    Involves prostitution or procurement for prostitution; or

(4)    Results in the death of a victim;

the person has committed human trafficking in the first degree. A violation of the provisions of this section is a Class 2 felony. Consent to performing any act prescribed in § 22-49-1 by a minor or a minor's parent, guardian, or custodian, or any mistake as to the minor's age is not a defense to a charge of violating this section.

Notwithstanding the provisions of § 22-4-1, any attempt to commit a violation of this section against a victim who is a minor is punishable in the same manner as the completed violation.

Source: SL 2011, ch 120, § 2; SL 2016, ch 129, § 2; SL 2018, ch 138, § 1; SL 2020, ch 89, § 2.