Texas Jury Instruction - Smuggling
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FAQ
20.06. CONTINUOUS SMUGGLING OF PERSONS. (a) A person commits an offense if, during a period that is 10 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20.05.
Code § 20.05 makes it a third-degree felony to smuggle people. But it can become a second or first-degree felony if anyone is hurt or killed during the crime. Of major interest, § 20.05 outlaws different ways of smuggling people.
Texas Penal Code - PENAL § 20.02. Unlawful Restraint. (a) A person commits an offense if he intentionally or knowingly restrains another person. (3) the actor's sole intent was to assume lawful control of the child.
The limitation period for smuggling of persons, whether categorized as a first degree, second degree, or third degree felony, is three years.
Human smuggling involves the provision of a service?typically, transportation or fraudulent documents?to an individual who voluntarily seeks to gain illegal entry into a foreign country. It is possible the crime may start out as human smuggling but quickly turn into human trafficking.
Texas Penal Code - PENAL § 20.05. Smuggling of Persons. (2) encourages or induces a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection. (B) the smuggled individual suffered serious bodily injury or death.
20.06. CONTINUOUS SMUGGLING OF PERSONS. (a) A person commits an offense if, during a period that is 10 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20.05.
Likewise, if someone rapes or kills an immigrant during the crime, then Smuggling of Persons turns into a first degree offense. But at the same time, Texas law allows a defendant to get probation for Smuggling of Persons in Texas.
