Florida criminal charge
Human smuggling in Florida
Human smuggling is a criminal offense under Florida law, defined by Fla. Stat. § 787.07. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 787.07.
What is the penalty for human smuggling in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Human smuggling (base offense) — A person knowingly and willfully transports into this state an individual known or reasonably should be known to have entered the U.S. unlawfully and not been inspected since unlawful entry, unless subsections (3), (4), or (5) apply.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Human smuggling (base offense) — A person knowingly and willfully transports into this state an individual known or reasonably should be known to have entered the U.S. unlawfully and not been inspected since unlawful entry, unless subsections (3), (4), or (5) apply.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Human smuggling of a minor — The individual transported into the state in violation of subsection (1) is a minor.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Human smuggling of a minor — The individual transported into the state in violation of subsection (1) is a minor.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Human smuggling — five or more offenses in single episode — A person commits five or more separate human smuggling offenses under this section during a single episode.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Human smuggling — five or more offenses in single episode — A person commits five or more separate human smuggling offenses under this section during a single episode.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Human smuggling — subsequent offense after prior conviction — A person with a prior conviction under this section commits a subsequent violation of this section.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Human smuggling — subsequent offense after prior conviction — A person with a prior conviction under this section commits a subsequent violation of this section.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is human smuggling classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Human smuggling (base offense) | Felony of the Third Degree | A person knowingly and willfully transports into this state an individual known or reasonably should be known to have entered the U.S. unlawfully and not been inspected since unlawful entry, unless subsections (3), (4), or (5) apply. | Fla. Stat. § 787.07(1) |
| Human smuggling of a minor | Felony of the Second Degree | The individual transported into the state in violation of subsection (1) is a minor. | Fla. Stat. § 787.07(3) |
| Human smuggling — five or more offenses in single episode | Felony of the Second Degree | A person commits five or more separate human smuggling offenses under this section during a single episode. | Fla. Stat. § 787.07(4) |
| Human smuggling — subsequent offense after prior conviction | Felony of the Second Degree | A person with a prior conviction under this section commits a subsequent violation of this section. | Fla. Stat. § 787.07(5)(a) |
Common questions about human smuggling in Florida
Is human smuggling a felony or a misdemeanor in Florida?
It depends on the circumstances: human smuggling ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 787.07.
Human smuggling (base offense): Felony of the Third Degree (Fla. Stat. § 787.07(1)) · Human smuggling of a minor: Felony of the Second Degree (Fla. Stat. § 787.07(3)) · Human smuggling — five or more offenses in single episode: Felony of the Second Degree (Fla. Stat. § 787.07(4)) · Human smuggling — subsequent offense after prior conviction: Felony of the Second Degree (Fla. Stat. § 787.07(5)(a))
What are the penalties for human smuggling in Florida?
Penalties for human smuggling in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers human smuggling?
Human smuggling is governed by Fla. Stat. § 787.07 (Human smuggling).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.