HSB 15 (LSB 1972YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act establishing the criminal offense of the smuggling of persons, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  710.12  Smuggling of persons.
   1.  A person commits the offense of smuggling of persons when the person knowingly, for payment or some other benefit, does any following involving a noncitizen individual:
   a.  Uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to:
   (1)  Conceal the individual from a peace officer.
   (2)  Flee from a person the actor knows is a peace officer attempting to lawfully arrest or detain the actor.
   b.  Encourage or induce a person to enter or remain in the United States in violation of federal law by concealing, harboring, or shielding that person from detection.
   c.  Assist, guide, or direct two or more individuals to enter or remain on agricultural land without the effective consent of the owner.
   2.  An offense under this section is a class “C” felony, except that the offense is:
   a.  A class “B” felony if the person or other party as specified does any of the following:
   (1)  The person commits the offense in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death.
   (2)  The person smuggles an individual who is a child younger than eighteen years of age at the time of the offense.
   (3)  The person commits the offense with the intent to obtain a pecuniary benefit.
   (4)  During the commission of the offense, the actor, another party to the offense, or an individual assisted, guided, or directed by the actor knowingly possessed a firearm.
   b.  A class “A” felony under any of the following circumstances:
   (1)  If as a direct result of the commission of the offense, the smuggled individual became a victim of sexual abuse in the first degree under section 709.2 or sexual abuse in the second degree under section 709.3.
   (2)  If the smuggled individual suffered serious bodily injury or death.
   3.  It is an affirmative defense to prosecution of an offense under this section, other than an offense punishable under subsection 2, paragraph “a”, subparagraph (1), or subsection 2, paragraph “b”, that the actor is related to the smuggled individual within the second degree of consanguinity or, at the time of the offense, within the second degree of affinity.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes the criminal offense of the smuggling of persons.
   The bill provides that a person commits the offense of smuggling of persons when the person knowingly, for payment or some other benefit, does any of the following involving a noncitizen individual: 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 flees from a person the actor knows is a peace officer attempting to lawfully arrest or detain the actor; encourages or induces a person to enter or remain in the United States in violation of federal law by concealing, harboring, or shielding that person from detection, or assists, guides, or directs two or more individuals to enter or remain on agricultural land without the effective consent of the owner.
   The bill provides that smuggling of persons is a class “C” felony, except that the offense is a class “B” felony if the person or other party specified in the bill does any of the following: the person commits the offense in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death; the person smuggled an individual who is a child younger than 18 years of age at the time of the offense; the person committed the offense with the intent to obtain a pecuniary benefit; or during the commission of the offense, the actor, another party to the offense, or another individual assisted, guided, or directed by the actor knowingly possessed a firearm. The bill provides that a violation is a class “A” felony under any of the following circumstances: if as a direct result of the commission of the offense, the smuggled individual became a victim of sexual abuse in the first degree under Code section 709.2 or sexual abuse in the second degree under Code section 709.3; or if the smuggled individual suffered serious bodily injury or death.
   The bill provides that it is an affirmative defense to prosecution of the offense of smuggling persons, other than an offense committed in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death, or violations resulting in a class “A” felony charge, that the actor is related to the smuggled individual within the second degree of consanguinity or, at the time of the offense, within the second degree of affinity.