1. (1)

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

2. (2) An actor commits aggravated human smuggling if, in the course of committing human smuggling in violation of Section 76-5-316, the offense:

   1. (a) results in the death of an individual who is a victim of the offense described in Section 76-5-316;
   2. (b) results in serious bodily injury of an individual who is a victim of the offense described in Section 76-5-316;
   3. (c) involves the smuggling of a child and the child is not accompanied by a family member who is 18 years old or older;

   4. (d) involves:

      1. (i) rape under Section 76-5-402;
      2. (ii) rape of a child under Section 76-5-402.1;
      3. (iii) object rape under Section 76-5-402.2;
      4. (iv) object rape of a child under Section 76-5-402.3;
      5. (v) forcible sodomy under Section 76-5-403;
      6. (vi) sodomy on a child under Section 76-5-403.1;
      7. (vii) aggravated sexual abuse of a child under Section 76-5-404.1; or
      8. (viii) aggravated sexual assault under Section 76-5-405; or
   5. (e) involves the smuggling of 10 or more individuals.
3. (3) A violation of Subsection (2) is a first 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