76-5-317. Aggravated human smuggling.
(1) As used in this section, "family member" means an individual's parent, grandparent, sibling, or other individual related to the individual by consanguinity or affinity to the second degree. Terms defined in Sectionapply to this section. 76-1-101.5
(2) An actor commits aggravated human smuggling if, in the course of committing human smuggling in violation of Section, the offense: 76-5-316 results in the death of an individual who is a victim of the offense described in Section; 76-5-316 results in serious bodily injury of an individual who is a victim of the offense described in Section; 76-5-316 involves the smuggling of a child and the child is not accompanied by a family member who is 18 years old or older; involves: rape under Section; 76-5-402 rape of a child under Section; 76-5-402.1 object rape under Section; 76-5-402.2 object rape of a child under Section; 76-5-402.3 forcible sodomy under Section; 76-5-403 sodomy on a child under Section; 76-5-403.1 aggravated sexual abuse of a child under Section; or 76-5-404.1 aggravated sexual assault under Section; or 76-5-405 involves the smuggling of 10 or more individuals.
(3) A violation of Subsectionis a first 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.