| 3 | | - | H.F. 572 Section 1. NEW SECTION . 710.12 Smuggling of persons. 1 1. A person commits the offense of smuggling of persons when 2 the person knowingly, for payment or anything of value, does 3 any of the following involving a person in violation of federal 4 immigration laws: 5 a. Uses a motor vehicle, aircraft, watercraft, or other 6 means of conveyance to transport an individual with the intent 7 to: 8 (1) Conceal the individual from a peace officer. 9 (2) Flee from a person the actor knows is a peace officer 10 attempting to lawfully arrest or detain the actor. 11 b. Encourage or induce a person to enter or remain in 12 the United States in violation of federal law by concealing, 13 harboring, or shielding that person from detection. 14 c. Assist, guide, or direct two or more individuals to enter 15 or remain on agricultural land without the effective consent 16 of the owner. 17 2. An offense under this section is a class C felony, 18 except that the offense is: 19 a. A class B felony if the person or other party as 20 specified does any of the following: 21 (1) The person commits the offense in a manner that creates 22 a substantial likelihood that the smuggled individual will 23 suffer serious bodily injury or death. 24 (2) The person smuggles an individual who is a child younger 25 than eighteen years of age at the time of the offense. 26 (3) The person commits the offense with the intent to obtain 27 a pecuniary benefit. 28 (4) During the commission of the offense, the actor, another 29 party to the offense, or an individual assisted, guided, or 30 directed by the actor knowingly possessed a firearm. 31 b. A class A felony under any of the following 32 circumstances: 33 (1) If as a direct result of the commission of the offense, 34 the smuggled individual became a victim of sexual abuse in the 35 -1- HF 572 (3) 91 as/js/md 1/ 2 |
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| 3 | + | H.F. 572 Section 1. NEW SECTION . 710.12 Smuggling of persons. 1 1. A person commits the offense of smuggling of persons when 2 the person knowingly, for payment or anything of value, does 3 any following involving a noncitizen individual: 4 a. Uses a motor vehicle, aircraft, watercraft, or other 5 means of conveyance to transport an individual with the intent 6 to: 7 (1) Conceal the individual from a peace officer. 8 (2) Flee from a person the actor knows is a peace officer 9 attempting to lawfully arrest or detain the actor. 10 b. Encourage or induce a person to enter or remain in 11 the United States in violation of federal law by concealing, 12 harboring, or shielding that person from detection. 13 c. Assist, guide, or direct two or more individuals to enter 14 or remain on agricultural land without the effective consent 15 of the owner. 16 2. An offense under this section is a class C felony, 17 except that the offense is: 18 a. A class B felony if the person or other party as 19 specified does any of the following: 20 (1) The person commits the offense in a manner that creates 21 a substantial likelihood that the smuggled individual will 22 suffer serious bodily injury or death. 23 (2) The person smuggles an individual who is a child younger 24 than eighteen years of age at the time of the offense. 25 (3) The person commits the offense with the intent to obtain 26 a pecuniary benefit. 27 (4) During the commission of the offense, the actor, another 28 party to the offense, or an individual assisted, guided, or 29 directed by the actor knowingly possessed a firearm. 30 b. A class A felony under any of the following 31 circumstances: 32 (1) If as a direct result of the commission of the offense, 33 the smuggled individual became a victim of sexual abuse in the 34 first degree under section 709.2 or sexual abuse in the second 35 -1- LSB 1972HV (2) 91 as/js 1/ 3 |
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| 5 | | - | H.F. 572 first degree under section 709.2 or sexual abuse in the second 1 degree under section 709.3. 2 (2) If the smuggled individual suffered serious bodily 3 injury or death. 4 3. It is an affirmative defense to prosecution of an offense 5 under this section, other than an offense punishable under 6 subsection 2, paragraph a , subparagraph (1), or subsection 7 2, paragraph b , that the actor is related to the smuggled 8 individual within the second degree of consanguinity or, at the 9 time of the offense, within the second degree of affinity. 10 -2- HF 572 (3) 91 as/js/md 2/ 2 |
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| 5 | + | H.F. 572 degree under section 709.3. 1 (2) If the smuggled individual suffered serious bodily 2 injury or death. 3 3. It is an affirmative defense to prosecution of an offense 4 under this section, other than an offense punishable under 5 subsection 2, paragraph a , subparagraph (1), or subsection 6 2, paragraph b , that the actor is related to the smuggled 7 individual within the second degree of consanguinity or, at the 8 time of the offense, within the second degree of affinity. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanations substance by the members of the general assembly. 12 This bill establishes the criminal offense of smuggling of 13 persons. 14 The bill provides that a person commits the offense of 15 smuggling of persons when the person knowingly, for payment 16 or anything of value, does any of the following involving 17 a noncitizen individual: uses a motor vehicle, aircraft, 18 watercraft, or other means of conveyance to transport an 19 individual with the intent to conceal the individual from a 20 peace officer or flees from a person the actor knows is a peace 21 officer attempting to lawfully arrest or detain the actor; 22 encourages or induces a person to enter or remain in the United 23 States in violation of federal law by concealing, harboring, 24 or shielding that person from detection; or assists, guides, 25 or directs two or more individuals to enter or remain on 26 agricultural land without the effective consent of the owner. 27 The bill provides that smuggling of persons is a class C 28 felony, except that the offense is a class B felony if the 29 person or other party specified in the bill does any of the 30 following: the person commits the offense in a manner that 31 creates a substantial likelihood that the smuggled individual 32 will suffer serious bodily injury or death; the person smuggled 33 an individual who is a child younger than 18 years of age at the 34 time of the offense; the person committed the offense with the 35 -2- LSB 1972HV (2) 91 as/js 2/ 3 |
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| 7 | + | H.F. 572 intent to obtain a pecuniary benefit; or during the commission 1 of the offense, the actor, another party to the offense, 2 or another individual assisted, guided, or directed by the 3 actor knowingly possessed a firearm. The bill provides that 4 a violation is a class A felony under any of the following 5 circumstances: if as a direct result of the commission of the 6 offense, the smuggled individual became a victim of sexual 7 abuse in the first degree under Code section 709.2 or sexual 8 abuse in the second degree under Code section 709.3; or if the 9 smuggled individual suffered serious bodily injury or death. 10 The bill provides an affirmative defense to prosecution 11 of the offense of smuggling persons, other than an offense 12 committed in a manner that creates a substantial likelihood 13 that the smuggled individual will suffer serious bodily injury 14 or death, or violations resulting in a class A felony charge, 15 when the actor is related to the smuggled individual within the 16 second degree of consanguinity or, at the time of the offense, 17 within the second degree of affinity. 18 -3- LSB 1972HV (2) 91 as/js 3/ 3 |
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