(1) (a) As used in this section: (i) "Commercial purpose" includes direct or indirect participation in, or facilitation of, the transportation of one or more individuals for the purpose of: (A) charging or obtaining a fee, or attempting to charge or obtain a fee, for the transportation; or (B) obtaining, exchanging, or receiving, or attempting to obtain, exchange, or receive, any thing or item of value. (ii) "Facilitation of the transportation" includes providing: (A) travel arrangement services; (B) payment for the costs of travel; or (C) property that would advance an act of transportation, including: (I) a vehicle or other means of transportation; (II) a weapon; (III) false identification; or (IV) making lodging available, including by rent, lease, or sale. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits human smuggling if the actor transports or procures the transportation for one or more individuals for a commercial purpose, knowing or having reason to know that the individual or individuals transported or to be transported are not: (a) citizens of the United States; (b) permanent resident aliens; or (c) otherwise lawfully in this state or entitled to be in this state. (3) A violation of Subsection (2) is a second degree felony. (4) An offense committed under this section is a separate offense from any other offense committed in relationship to the commission of an offense under this section. Renumbered and
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