(1) A person who is an illegal alien and who is detained while entering or attempting to enter this state directly from a foreign nation, regardless of national origin, at any location other than a lawful port of entry shall be guilty of a misdemeanor punishable by imprisonment in the custody of the Department of Corrections for not less than six (6) months.
(2) (a) A person who is convicted of a criminal offense against the laws of this state that is not a crime of violence or a sex offense that is punishable by imprisonment for a term of twelve (12) months or more and who is determined to be an illegal alien, regardless of national origin, and unlawfully present in the United States shall, in addition to any penalty for the underlying crime, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than two (2) years.(b) A person who is convicted of a criminal offense against the laws of this state that is a crime of violence or a sex offense that is punishable by imprisonment for a term of twelve (12) months or more and who is determined to be an illegal alien, regardless of national origin, and unlawfully present in the United States shall, in addition to any penalty for the underlying crime, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than three (3) and not more than five (5) years.
(a) A person who is convicted of a criminal offense against the laws of this state that is not a crime of violence or a sex offense that is punishable by imprisonment for a term of twelve (12) months or more and who is determined to be an illegal alien, regardless of national origin, and unlawfully present in the United States shall, in addition to any penalty for the underlying crime, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than two (2) years.
(b) A person who is convicted of a criminal offense against the laws of this state that is a crime of violence or a sex offense that is punishable by imprisonment for a term of twelve (12) months or more and who is determined to be an illegal alien, regardless of national origin, and unlawfully present in the United States shall, in addition to any penalty for the underlying crime, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than three (3) and not more than five (5) years.