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2017 Georgia Code
Title 16 - Crimes and Offenses
Chapter 11 - Offenses Against Public Order and Safety
Article 5 - Offenses Involving Illegal Aliens
§ 16-11-200. Definitions; offense of transporting or moving illegal aliens; exceptions; penalties
Universal Citation:
GA Code § 16-11-200 (2017)
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- (a) As used in this Code section, the term:
- (1) "Illegal alien" means a person who is verified by the federal government to be present in the United States in violation of federal immigration law.
- (2) "Motor vehicle" shall have the same meaning as provided in Code Section 40-1-1.
- (b) A person who, while committing another criminal offense, knowingly and intentionally transports or moves an illegal alien in a motor vehicle for the purpose of furthering the illegal presence of the alien in the United States shall be guilty of the offense of transporting or moving an illegal alien.
- (c) Except as provided in this subsection, a person convicted for a first offense of transporting or moving an illegal alien who moves seven or fewer illegal aliens at the same time shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $1,000.00, or both. A person convicted for a second or subsequent offense of transporting or moving an illegal alien, and a person convicted on a first offense of transporting or moving an illegal alien who moves eight or more illegal aliens at the same time, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one or more than five years, a fine of not less than $5,000.00 or more than $20,000.00, or both. A person who commits the offense of transporting or moving an illegal alien who does so with the intent of making a profit or receiving anything of value shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one or more than five years, a fine of not less than $5,000.00 or more than $20,000.00, or both.
- (d) This Code section shall not apply to:
- (1) A government employee transporting or moving an illegal alien as a part of his or her official duties or to any person acting at the direction of such employee;
- (2) A person who transports an illegal alien to or from a judicial or administrative proceeding when such illegal alien is required to appear pursuant to a summons, subpoena, court order, or other legal process;
- (3) A person who transports an illegal alien to a law enforcement agency or a judicial officer for official government purposes;
- (4) An employer transporting an employee who was lawfully hired; or
- (5) A person providing privately funded social services.
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