16-11-200. Definitions; offense of transporting or moving illegal aliens; exceptions; penalties.

As used in this Code section, the term:#

1. (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. (2)

   ‘‘Motor vehicle’’ shall have the same meaning as provided in Code Section 40-1-1.#

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.#

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.#

This Code section shall not apply to:#

1. (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. (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. (3)

   A person who transports an illegal alien to a law enforcement agency or a judicial officer for official government purposes;#

4. (4)

   An employer transporting an employee who was lawfully hired; or#

5. (5)

   A person providing privately funded social services.#