Arizona Laws 13-2323. Participating in a human smuggling organization or operation; classification
A. A person commits participating in a human smuggling organization or operation by any of the following:
Terms Used In Arizona Laws 13-2323
- Act: means a bodily movement. See Arizona Laws 13-105
- Arrest: Taking physical custody of a person by lawful authority.
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Human smuggling organization: means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in the smuggling of human beings. See Arizona Laws 13-105
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
- Omission: means the failure to perform an act as to which a duty of performance is imposed by law. See Arizona Laws 13-105
- Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
1. Intentionally or knowingly organizing, managing, directing, supervising, coordinating, facilitating, leading, assisting, participating in or financing a human smuggling organization or operation that furthers the criminal objectives of the human smuggling organization or operation.
2. Knowingly directing or instructing others to engage in violence or intimidation to promote or further the criminal objectives of a human smuggling organization or operation.
3. Furnishing advice or direction in the conduct, financing or management of a human smuggling organization’s or operation’s affairs with the intent to promote or further the criminal objectives of a human smuggling organization or operation.
4. Intentionally promoting or furthering the criminal objectives of a human smuggling organization or operation by inducing or committing any act or omission by a public servant in violation of the public servant’s official duty.
5. Knowingly assisting a human smuggling organization or operation by transporting a person, or procuring the transportation for a person, with the intent to do either of the following:
(a) Conceal the person from a peace officer.
(b) Assist the person with fleeing from a peace officer who is attempting to lawfully arrest or detain the person.
B. Participating in a human smuggling organization or operation is a class 2 felony.
C. A person who is convicted of a violation of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.