SB 384

Abstract

Human smuggling; penalties. Makes it a Class 6 felony for any person who, with the intent to obtain a pecuniary benefit, knowingly and with the intent to evade the immigration laws of the United States uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport another person in or through the Commonwealth and knows or should have known that such person being transported is likely to be exploited for the financial gain of another. The bill provides that any person who commits human smuggling (i) in a manner that creates a substantial likelihood that the individual being smuggled will suffer serious bodily injury or death, (ii) by smuggling a child younger than 18 years of age at the time of the offense, or (iii) while knowingly possessing a firearm during the commission of the offense is guilty of a Class 3 felony. The bill also provides that any person who commits human smuggling and as a direct result of the commission of the offense the individual being smuggled (a) became a victim of human trafficking, commercial sex trafficking, sexual assault, or aggravated sexual assault or (b) suffered serious bodily injury or death is guilty of a Class 2 felony.

Human smuggling; penalties. Makes it a Class6 felony for any person who, with the intent to obtain an unlawfulpecuniary benefit, knowingly and with the intent to evade the immigrationlaws of the United States uses a motor vehicle, aircraft, watercraft,or other means of conveyance to transport another person in or throughthe Commonwealth and knows or should have known that such person beingtransported is likely to be exploited for the financial gain of another. The bill provides that any person who commitshuman smuggling (i) in a manner that creates a substantial likelihood that the individual being smuggled will suffer serious bodily injuryor death, (ii) by smuggling a child younger than 18 years of ageat the time of the offense, or (iii) while knowingly possessing afirearm during the commission of the offense is guilty of a Class3 felony. The bill also provides thatany person who commits human smuggling and as a direct result ofthe commission of the offense the individual being smuggled (a) became a victim of human trafficking, commercial sex trafficking,sexual assault, or aggravated sexual assault or (b) suffered seriousbodily injury or death is guilty of a Class 2 felony.