Florida statute

Fla. Stat. § 787.07 — Human smuggling

Current through 2025 Florida Statutes

Part of Chapter 787: Kidnapping; Custody Offenses; Human Trafficking; And Related Offenses, Florida Statutes.

Criminal charges under this statute

Human smuggling

Full text of Fla. Stat. § 787.07

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 787.07Primary source, current through the 2025 Florida Statutes

(1) Except as provided in subsections (3), (4), and (5), a person who knowingly and willfully transports into this state an individual whom the person knows, or reasonably should know, has entered the United States in violation of law and has not been inspected by the Federal Government since his or her unlawful entry from another country commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) A person commits a separate offense for each individual he or she transports into this state in violation of this section. (3) A person who transports a minor into this state in violation of subsection (1) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) A person who commits five or more separate offenses under this section during a single episode commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5)(a) A person with a prior conviction under this section who commits a subsequent violation of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(b) As used in paragraph (a), the term “conviction” means a determination of guilt that is the result of a plea agreement or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered. (6) Proof that a person knowingly and willfully presented false identification or gave false information to a law enforcement officer who is conducting an investigation for a violation of this section gives rise to an inference that such person was aware that the transported individual has entered the United States in violation of the law and had not been inspected by the Federal Government since his or her unlawful entry. (7) A person who is arrested for a violation of this section must be held in custody until brought before the court for admittance to pretrial release in accordance with chapter 903.

Official sources

Legal terms used in this section

Questions this section answers

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))

Which Florida statute covers human smuggling?

Human smuggling is governed by Fla. Stat. § 787.07 (Human smuggling).

This reference is informational and is not legal advice.