Continuous Smuggling of Persons
Chapter 20 of the Texas Penal Code places restrictions on retraining, abducting, and smuggling persons.
“Continuous Smuggling of Persons”, as per §20.06 of the Texas Penal Code, occurs when a person engages two or more times, in a period that is 10 days or more in duration, in offenses that constitute “Smuggling of Persons” under §20.05 of the Texas Penal Code.
If the victim of an offense under “Continuous Smuggling of Persons” is the same victim as a victim of an offense under “Smuggling of Persons”, a defendant may not be convicted of the offense under “Smuggling of Persons” in the same criminal action as the offense under “Continuous Smuggling of Persons” unless the offense under “Smuggling of Persons”:
- is charged in the alternative;
- occurred outside the period in which the offense alleged under Subsection (a) was committed; or
- is considered by the trier of fact to be a lesser included offense of the offense alleged under “Continuous Smuggling of Persons”
Continuous smuggling of persons is a second degree felony and carries a term of imprisonment ranging from 2-20 years, as well as fine up to $10,000. In the event that the conduct constituting an offense under “Smuggling of Persons” is conducted in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily harm or death, or if the smuggled individual is a child younger than 18 years of age at the time of the offense, the charge is a first degree felony. The punishment for a first degree felony carries a term of imprisonment ranging from 5-99 years, as well as a fine of up to $10,000. If it is shown during the trial of the offense that the smuggled victim became a victim of sexual assault or aggravated sexual assault, or the smuggled individual suffered serious bodily injury or death, the term of imprisonment is raised to a range of 25-99 years.
Punishment Range
Second Degree Felony
- Imprisonment in the institutional division for not more than 20 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000
First Degree Felony
- Imprisonment in the institutional division for life, or
- Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
- In addition to imprisonment, may receive a fine not to exceed $10,000