§ 13-2323 — Participating in a human smuggling organization or operation; classification

A. A person commits participating in a human smuggling organization or operation by any of the following:

1. Intentionally or knowingly organizing, managing, directing, supervising, coordinating, facilitating, leading, assisting, participating in or financing a human smuggling organization or operation that furthers the criminal objectives of the human smuggling organization or operation.

2. Knowingly directing or instructing others to engage in violence or intimidation to promote or further the criminal objectives of a human smuggling organization or operation.

3. Furnishing advice or direction in the conduct, financing or management of a human smuggling organization's or operation's affairs with the intent to promote or further the criminal objectives of a human smuggling organization or operation.

4. Intentionally promoting or furthering the criminal objectives of a human smuggling organization or operation by inducing or committing any act or omission by a public servant in violation of the public servant's official duty.

5. Knowingly assisting a human smuggling organization or operation by transporting a person, or procuring the transportation for a person, with the intent to do either of the following:

(a) Conceal the person from a peace officer.

(b) Assist the person with fleeing from a peace officer who is attempting to lawfully arrest or detain the person.

B. Participating in a human smuggling organization or operation is a class 2 felony.

C. A person who is convicted of a violation of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.