Utah Code 76-5-310.1. Aggravated human smuggling — Penalties
Current as of: 2024 | Check for updates
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(1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| first degree felony | 5 years to life | up to $10,000 |
Terms Used In Utah Code 76-5-310.1
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Bodily injury: means physical pain, illness, or any impairment of physical condition. 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
(2) An actor commits aggravated human smuggling if, in the course of committing an offense under Section 76-5-308.3, the offense:
(2)(a) results in the death of a smuggled individual;
(2)(b) results in serious bodily injury to a smuggled individual;
(2)(c) involves the smuggling of a child and the child is not accompanied by a family member who is 18 years old or older;
(2)(d) involves:
(2)(d)(i) rape under Section 76-5-402;
(2)(d)(ii) rape of a child under Section 76-5-402.1;
(2)(d)(iii) object rape under Section 76-5-402.2;
(2)(d)(iv) object rape of a child under Section 76-5-402.3;
(2)(d)(v) forcible sodomy under Section 76-5-403;
(2)(d)(vi) sodomy on a child under Section 76-5-403.1;
(2)(d)(vii) aggravated sexual abuse of a child under Section 76-5-404.1; or
(2)(d)(viii) aggravated sexual assault under Section 76-5-405; or
(2)(e) involves the smuggling of 10 or more individuals.
(3) A violation of Subsection (2) is a first degree felony.
(4) Aggravated human smuggling is a separate offense from any other crime committed in relationship to the offense.