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2022 Colorado Code
Title 18 - Criminal Code
Article 13 - Miscellaneous Offenses
§ 18-13-128. Smuggling of Humans
Universal Citation: CO Code § 18-13-128 (2022)
- A person commits smuggling of humans if, for the purpose of assisting another person to enter, remain in, or travel through the United States or the state of Colorado in violation of immigration laws, he or she provides or agrees to provide transportation to that person in exchange for money or any other thing of value.
- Smuggling of humans is a class 3 felony.
- A person commits a separate offense for each person to whom he or she provides or agrees to provide transportation in violation of subsection (1) of this section.
- Notwithstanding the provisions of section 18-1-202, smuggling of humans offenses may be tried in any county in the state where a person who is illegally present in the United States who is a subject of the action is found.
Source: L. 2006: Entire section added, p. 1301, § 1, effective May 30.
Editor's note: In Fuentes-Espinoza v. People, 2017 CO 98, 408 P.3d 445, the Colorado Supreme Court held that the federal Immigration and Nationality Act, 8 U.S.C. §§ 1101 to 1537, preempts this section under the doctrines of both field and conflict preemption.
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