76-5-316. Human smuggling.
(1) As used in this section: "Commercial purpose" includes direct or indirect participation in, or facilitation of, the transportation of one or more individuals for the purpose of: charging or obtaining a fee, or attempting to charge or obtain a fee, for the transportation; or obtaining, exchanging, or receiving, or attempting to obtain, exchange, or receive, any thing or item of value. "Facilitation of the transportation" includes providing: travel arrangement services; payment for the costs of travel; or property that would advance an act of transportation, including: a vehicle or other means of transportation; a weapon; false identification; or making lodging available, including by rent, lease, or sale. Terms defined in Sectionapply to this section. 76-1-101.5
(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: citizens of the United States; permanent resident aliens; or otherwise lawfully in this state or entitled to be in this state.
(3) A violation of Subsectionis a second degree felony. (2)
(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.