Texas Jury Instruction - Smuggling

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Texas Jury Instruction — Smuggling is a crucial component of the state's legal system and plays a vital role in determining the outcomes of smuggling-related cases. These instructions provide guidance to the jury, ensuring that they understand the law and can make informed decisions based on the evidence presented. One of the types of Texas Jury Instruction — Smuggling is "Jury Instruction 2.4— - Smuggling Controlled Substances." This instruction specifically addresses cases involving the illegal transportation of controlled substances across state lines or within Texas. It outlines the essential elements that the prosecution must prove beyond a reasonable doubt, such as knowing possession and intent to distribute the controlled substances. Another important type is "Jury Instruction 2.46 — Smuggling Firearms." This instruction focuses on cases involving the illegal transportation of firearms, ammunition, or weapon components across state lines or within Texas. It provides guidance to the jury on the elements of the offense, which may include knowledge of unlawfulness, intent to evade law enforcement, and possession of the prohibited items. "Jury Instruction 2.47 — Smuggling Human Beings" is another crucial type of Texas Jury Instruction — Smuggling. This instruction relates to cases involving the transport and illegal entry of individuals into Texas or across state boundaries. It highlights the elements that the prosecution must establish, such as knowledge of the illegal entry, intent to evade border authorities, and facilitation of the smuggling process. Lastly, "Jury Instruction 2.48 — Smuggling Contraband" is a comprehensive instruction that covers a broader range of prohibited items, such as illegal drugs, weapons, contraband wildlife, counterfeit goods, or any other goods subject to restrictions or prohibitions. It assists the jury in understanding the elements required for a smuggling conviction, such as knowledge of the contraband, intent to conceal or transport unlawfully, and possession or control over the illicit items. Overall, Texas Jury Instruction — Smuggling encompasses various types, including instructions specific to smuggling controlled substances, firearms, human beings, or contraband. These instructions ensure that jury members have a clear understanding of the law and can make well-informed decisions during smuggling-related trials.

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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.

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Texas Jury Instruction - Smuggling