(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.