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What are the penalties for human smuggling in Texas?

On Behalf of | Jan 30, 2025 | Human Trafficking

Discussions about smuggling often focus on goods that are either prohibited or subject to strict taxes. However, much of the smuggling that occurs in Texas actually involves people. While some people refer to human smuggling as human trafficking, the phrase human trafficking implies a specific type of criminal offense that violates the bodily autonomy of trafficked individuals by forcing them to perform labor.

However, people can face human smuggling charges for engaging in behavior intended to help other people. Those accused of assisting with the transportation or housing of individuals who have entered the country without documentation could potentially face human smuggling charges because of their involvement in transporting or otherwise assisting other people.

What constitutes human smuggling?

According to Texas state law, human smuggling can entail a variety of different behaviors. Property owners, commercial truck operators, airplane pilots and a host of others could be vulnerable to human smuggling charges because they bring people across the border or help them move through Texas without appropriate documentation.

Those helping people hide from law enforcement could face human smuggling charges. So could those who help people to cross the border without documentation. People who instruct others to enter agricultural land without the owner’s permission or guide people as they travel could face charges. So could those who pay someone else to assist the people traveling.

What are the potential penalties?

Texas imposes strict consequences for human smuggling and takes various aggravating factors into consideration. Even in scenarios where no secondary crime related to human smuggling occurred, the state is likely to pursue felony charges against the people implicated.

The penalties depend on the circumstances. Standard human smuggling cases lead to third-degree felony charges that carry a 10-year mandatory minimum sentence. The state can pursue second-degree felony charges in cases where the smuggler puts the people smuggled at risk of serious bodily injury or death.

Smuggling a child under the age of 18, while in possession of a firearm or for financial gain. The penalties could include up to 20 years in jail. If the smuggled person was subject to sexual abuse, sustained serious bodily injury or died, the state could bring first-degree felony charges. The penalties include up to life in prison.

Learning more about how Texas handles human smuggling and trafficking cases can be beneficial for those accused of such offenses. People who simply want to help family members or coworkers might find themselves facing human smuggling charges. Those who understand the potential consequences can use that knowledge as they prepare a response to their pending charges.