(1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.

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Terms Used In Utah Code 76-5-308.3

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(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:

     (2)(a) citizens of the United States;
     (2)(b) permanent resident aliens; or
     (2)(c) otherwise lawfully in this state or entitled to be in this state.
(3) A violation of Subsection (2) is a second degree felony.
(4) This offense is a separate offense from any other crime committed in relationship to the commission of this offense.