76-5-316. Human smuggling.

248 words·~1 min read·/ut/title-76/chapter-5/76-5-316

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(a)As used in this section:

(i)"Commercial purpose" includes direct or indirect participation in, or facilitation of, the transportation of one or more individuals for the purpose of:

(A)charging or obtaining a fee, or attempting to charge or obtain a fee, for the transportation; or

(B)obtaining, exchanging, or receiving, or attempting to obtain, exchange, or receive, any thing or item of value.

(ii)"Facilitation of the transportation" includes providing:

(A)travel arrangement services;

(B)payment for the costs of travel; or

(C)property that would advance an act of transportation, including:

(I)a vehicle or other means of transportation;

(II)a weapon;

(III)false identification; or

(IV)making lodging available, including by rent, lease, or sale.

(b)Terms defined in Section 76-1-101.5 apply to this section.

(2)An actor commits human smuggling if the actor transports or procures the transportation for one or more individuals for a commercial purpose, knowing or having reason to know that the individual or individuals transported or to be transported are not:

(a)citizens of the United States;

(b)permanent resident aliens; or

(c)otherwise lawfully in this state or entitled to be in this state.

(3)A violation of Subsection

(2)is a second degree felony.

(4)An offense committed under this section is a separate offense from any other offense committed in relationship to the commission of an offense under this section.

Renumbered and Amended by Chapter 247 , 2026 General Session