STATE STATUTES & CODES
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UTAH STATUTES AND CODES
76-10-2901 - Transporting or harboring aliens -- Definition -- Penalty.
76-10-2901. Transporting or harboring aliens -- Definition -- Penalty.
(1) For purposes of this part, "alien" means an individual who is illegally present in theUnited States.
(2) It is unlawful for a person to:
(a) transport, move, or attempt to transport into this state or for a distance of greater than100 miles within the state an alien for commercial advantage or private financial gain, knowingor in reckless disregard of the fact that the alien is in the United States in violation of federal law,in furtherance of the illegal presence of the alien in the United States; or
(b) knowingly, with the intent to violate federal immigration law, conceal, harbor, orshelter from detection an alien in a place within this state, including a building or means oftransportation for commercial advantage or private financial gain, knowing or in recklessdisregard of the fact that the alien is in the United States in violation of federal law.
(3) (a) A person who violates Subsection (2)(a) is guilty of a third degree felony.
(b) A person who violates Subsection (2)(b) is guilty of a class A misdemeanor.
(4) Nothing in this part prohibits or restricts the provision of:
(a) a state or local public benefit described in 8 U.S.C., Section 1621(b); or
(b) charitable or humanitarian assistance, including medical care, housing, counseling,food, victim assistance, religious services and sacraments, and transportation to and from alocation where the assistance is provided, by a charitable, educational, or religious organizationor its employees, agents, or volunteers, using private funds.
(5) (a) It is not a violation of this part for a religious denomination or organization or anagent, officer, or member of a religious denomination or organization to encourage, invite, call,allow, or enable an alien to perform the vocation of a minister or missionary for thedenomination or organization in the United States as a volunteer who is not compensated as anemployee, notwithstanding the provision of room, board, travel, medical assistance, and otherbasic living expenses.
(b) Subsection (5)(a) applies only to an alien who has been a member of the religiousdenomination or organization for at least one year.
(1) For purposes of this part, "alien" means an individual who is illegally present in theUnited States.
(2) It is unlawful for a person to:
(a) transport, move, or attempt to transport into this state or for a distance of greater than100 miles within the state an alien for commercial advantage or private financial gain, knowingor in reckless disregard of the fact that the alien is in the United States in violation of federal law,in furtherance of the illegal presence of the alien in the United States; or
(b) knowingly, with the intent to violate federal immigration law, conceal, harbor, orshelter from detection an alien in a place within this state, including a building or means oftransportation for commercial advantage or private financial gain, knowing or in recklessdisregard of the fact that the alien is in the United States in violation of federal law.
(3) (a) A person who violates Subsection (2)(a) is guilty of a third degree felony.
(b) A person who violates Subsection (2)(b) is guilty of a class A misdemeanor.
(4) Nothing in this part prohibits or restricts the provision of:
(a) a state or local public benefit described in 8 U.S.C., Section 1621(b); or
(b) charitable or humanitarian assistance, including medical care, housing, counseling,food, victim assistance, religious services and sacraments, and transportation to and from alocation where the assistance is provided, by a charitable, educational, or religious organizationor its employees, agents, or volunteers, using private funds.
(5) (a) It is not a violation of this part for a religious denomination or organization or anagent, officer, or member of a religious denomination or organization to encourage, invite, call,allow, or enable an alien to perform the vocation of a minister or missionary for thedenomination or organization in the United States as a volunteer who is not compensated as anemployee, notwithstanding the provision of room, board, travel, medical assistance, and otherbasic living expenses.
(b) Subsection (5)(a) applies only to an alien who has been a member of the religiousdenomination or organization for at least one year.
Enacted by Chapter 26, 2008 General Session
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