1. (1)

   1. (a) As used in this section:

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

         1. (A) charging or obtaining a fee, or attempting to charge or obtain a fee, for the transportation; or
         2. (B) obtaining, exchanging, or receiving, or attempting to obtain, exchange, or receive, any thing or item of value.

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

         1. (A) travel arrangement services;
         2. (B) payment for the costs of travel; or

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

            1. (I) a vehicle or other means of transportation;
            2. (II) a weapon;
            3. (III) false identification; or
            4. (IV) making lodging available, including by rent, lease, or sale.
   2. (b) Terms defined in Section 76-1-101.5 apply to this section.

2. (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:

   1. (a) citizens of the United States;
   2. (b) permanent resident aliens; or
   3. (c) otherwise lawfully in this state or entitled to be in this state.
3. (3) A violation of Subsection (2) is a second degree felony.
4. (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