SB 484 — Clarifying terms and offense of human smuggling

nor shall it include physical restraint of a minor, or the threat of physical restraint to a minor, by his or her parents, legal custodian or legal guardian if conducted in an otherwise lawful manner and for the purpose of discipline, supervision or teaching.

(9) "Human smuggling" or "smuggling" or "smuggle" means knowingly transporting or procuring the transportation for an individual for a commercial purpose, knowing or having reason to know that the individual transported or to be transported is not:

(A) A citizen of the United States;

(B) A permanent resident alien;

or (C) Otherwise lawfully in this state or entitled to be in this state.

(6) (10) "Human trafficking", "trafficking", or "traffics" means knowingly recruiting, transporting, transferring, harboring, receiving, providing, obtaining, isolating, maintaining, or enticing an individual to engage in debt bondage, forced labor, or sexual servitude.

(7) (11) "Identification document" means a passport, driver’s license, immigration document, travel document or other government-issued identification document, including a document issued by a foreign government.

(8) (12) "Labor or services" means activity having economic value.

(9) (13) "Minor" means an individual less than eighteen years of age.

Intr SB 2023R3194 (10) (14) "Patronize" means giving, agreeing to give or offering to give anything of value to another person in exchange for commercial sexual activity.

(11) (15) "Person" means an individual, estate, business or nonprofit entity, or other legal entity.

The term does not include a public corporation or government or governmental subdivision, agency or instrumentality.

(16) "Procurement of transportation" means any participation in or facilitation of transportation and includes providing services that facilitate transportation including travel arrangement services or money transmission services or providing property that facilitates transportation, including a weapon, a vehicle, or other means of transportation or false identification, or selling, leasing, renting, or otherwise making available a drop house.

(12) (17) "Serious harm" means harm, whether physical or nonphysical, including psychological, economic, or reputational, to an individual which would compel a reasonable individual of the same background and in the same circumstances to perform or continue to perform labor or services or sexual activity to avoid incurring the harm.

(13) (18) "Sexual activity" means sexual contact, sexual intercourse, or sexual intrusion, as defined in section one, article eight-b of this chapter, or sexually explicit conduct, as defined in section one, article eight-c of this chapter.

(14) (19) "Sexual servitude" means:

(A) Maintaining or making available a minor for the purpose of engaging the minor in commercial sexual activity;

or (B) Using coercion to compel an adult to engage in commercial sexual activity.

(15) (20) "Victim" means an individual who is subjected to human trafficking, regardless of whether a perpetrator is prosecuted or convicted.

§61-14-2a.

Human smuggling of an individual;

aiding and abetting human smuggling;

(a) Any personperson, who knowinglyfor anda willfullycommercial smugglespurpose, an adult, or who knowingly and Intr SB 2023R3194 willfully aids,transports assists, or abetsfacilitates in any manner in the smugglingtransport of anpersons adult,in isthis guiltystate, ofwhom ahe felonyor and,she uponknows conviction,or shallhas bereason confinedto inknow ais state correctional facility for not lesslawfully thanpresent threein northe moreUnited thanStates, 15is years,guilty finedof nothuman moresmuggling. than $200,000, or both confined and fined.

(b) Any person who knowinglycommits andhuman willfullysmuggling smuggleswhere athe minor,person orsmuggled whois knowingly18 andyears willfullyof aids,age assists, or abetsolder in any manner in the smuggling of a minor, is guilty of a felony and,and upon conviction,conviction thereof, shall be confinedimprisoned in a state correctionalcorrections facilityfacility, for not less than fiveone nor more than 20five years, or fined not more than $300,000,$200,000 or both confinedimprisoned and fined.

NOTE:(c) Any person who commits human smuggling where the persons smuggled are younger than 18 years of age is guilty of a felony and upon conviction thereof shall be imprisoned in a state correctional facility, for not less than two nor more than 10 years, or fined not more than $300,000, or both imprisoned and fined.

The(d) purposeEach ofperson smuggled as defined in this billsection relatesconstitutes toa humanseparate, smuggling.and distinct offense.

The(e) billNothing amendsin andthis clarifiessection definitions;may be construed to authorize or warrant persons being stopped or detained pursuant to this section based solely upon race or ethnic origin.

and(f) prohibitsAs theused offensein ofthis humansection: smuggling.

Strike-throughs(1) indicate“Commercial languagepurpose” thatmeans wouldthe becharging strickenor fromreceiving a headingmonetary fee or theother presentthing lawof andvalue. underscoring indicates new language that would be added.

CS for SB 484 (2) “Facilitating” means aiding and abetting human smuggling by such means as providing travel and lodging arrangement services, the means of transportation, or false identification documents.

(3)“Human smuggling” means the provision of a service including providing transportation, false identification documents, or transient housing to a person who voluntarily seeks to gain illegal entry into the United States.