Section 76-5-310.1 - Aggravated human smuggling - Penalties(1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.(2) An actor commits aggravated human smuggling if, in the course of committing an offense under Section 76-5-308.3, the offense: (a) results in the death of a smuggled individual;(b) results in serious bodily injury to a smuggled individual;(c) involves the smuggling of a child and the child is not accompanied by a family member who is 18 years old or older;(d) involves: (i) rape under Section 76-5-402;(ii) rape of a child under Section 76-5-402.1;(iii) object rape under Section 76-5-402.2;(iv) object rape of a child under Section 76-5-402.3;(v) forcible sodomy under Section 76-5-403;(vi) sodomy on a child under Section 76-5-403.1;(vii) aggravated sexual abuse of a child under Section 76-5-404.1; or(viii) aggravated sexual assault under Section 76-5-405; or(e) involves the smuggling of 10 or more individuals.(3) A violation of Subsection (2) is a first degree felony.(4) Aggravated human smuggling is a separate offense from any other crime committed in relationship to the offense.Added by Chapter 181, 2022 General Session ,§ 75, eff. 5/4/2022.