OFFENSES AGAINST THE PERSON: Smuggling of Persons

Restraining someones movements or adjusting their location unwillingly can be addressed and classified in different ways, in the eyes of the law, depending on what exactly happened. 

In Texas, there are ways to address how people were affected:

  • Restrain
  • Abducting
  • Kidnapping
  • Aggravated Kidnapping
  • Unlawful Restraint
  • Smuggling of Persons
  • Continuous Smuggling of Persons

SMUGGLING OF PERSONS.  

A person commits an offense if the person, with the intent to obtain a pecuniary benefit, knowingly uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to:

– conceal the individual from a peace officer or special investigator; or

  • flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor; or

– 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.

It is a felony of the first degree if it is shown on the trial of the offense that, as a direct result of the commission of the offense, the smuggled individual became a victim of sexual assault.

CONTINUOUS SMUGGLING OF PERSONS.  

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.

If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific conduct engaged in by the defendant constituted an offense, or on which exact date the defendant engaged in that conduct.  The jury must agree unanimously that the defendant, during a period that is 10 or more days in duration, engaged two or more times in conduct that constitutes an offense.

An offense under this section is a felony of the first degree if the conduct constituting an offense is conducted in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death; or the smuggled individual is a child younger than 18 years of age at the time of the offense.

An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years.

As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge and great customer service, we can have your loved ones back to you as soon as the law will allow us. From the moment you show up in our office we understand your need for guidance and help. The fact that a person is in jail is only the beginning of the process. Selecting AAA Atlas Bail is an important first step. With years of experience in our office, we most definitely will have the right answer for you.

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