Act to Designate Human Smuggling as a State Crime

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This Act is meant to strengthen current state law to punish those engaged in crimes against persons including the designation of human smuggling and aggravated human smuggling as crimes.

Act to Designate Human Smuggling as a State Crime

An Act concerning crimes, punishment and criminal procedure; relating to crimes against persons; creating the crimes of human smuggling and aggravated human smuggling; providing criminal penalties, therefore.

Be it enacted by the Legislature of this state:

Sec 1. (a) (1) Human smuggling is intentionally transporting, harboring or concealing an individual into or within the state when the person:

(A) Knows, or should have known, that the individual is entering into or remaining in the United States illegally;

(B) benefits financially or receives anything of value; and

(C) knows, or should have known, that the individual being smuggled is likely to be exploited for the financial gain of another.

(2) Aggravated human smuggling is human smuggling that:

(A) Is committed using a deadly weapon or by threat of use of a deadly weapon;

(B) causes bodily harm, great bodily harm or disfigurement to the individual being smuggled; or

(C) causes the individual being smuggled to become a victim of a sex offense described in the relevant statutes or amendments or causes the person to commit selling sexual relations as defined in the relevant statute or amendments thereto.

(b) (1) Human smuggling is a severity level 5, person felony; and

(2) aggravated human smuggling is a severity level 3, person felony.

(c) This section shall be a part of and supplemental to this state’s criminal code.

Sec. 2. This act shall take effect and be in force from and after its publication in the statute book.