The Texas Continuous Smuggling of Persons law gives police the right to arrest you if they believe you engaged, during a period that is “10 or more days in duration,” in two or more instances of conduct that constitutes Smuggling of Persons under §20.05 (for example, using a vehicle to conceal a person from a peace officer or fleeing a peace officer or encouraging or inducing a person to enter or remain in the USA in violation of federal law during that same period).
FAQs about the
Continuous Smuggling law in Texas
- What is the current Texas law about Continuous Smuggling of Persons?
- What is the penalty for a Texas Continuous Smuggling offense?
- Why did the legislature create this offense?
- How can I be charged with a Continuous Smuggling offense in Texas?
- What is the statute of limitations for Continuous Smuggling in Texas?
- Can you get probation for Continuous Smuggling in Texas?
- What level of crime is Continuous Smuggling in Texas?
- Can a Texas Continuous Smuggling offense be reduced?
This is a relatively new offense in Texas, enacted by the 84th Legislature in 2015. The legislature codified this criminal offense in Texas Penal Code Section 20.06. In recent years, the issue of illegal immigration has attracted significant national media attention. Texas has been notably affected by this issue. The United States enforces strict laws against unauthorized border crossings and also prosecutes those who assist others in crossing illegally.
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The Continuous Smuggling of Persons law was not updated by the legislature in its 2023 regular session, but it was updated in a third special session in 2023, effective February 4, 2024, by increasing the minimum term of imprisonment to ten years. The law was not updated in 2025.
The standard Smuggling of Persons law is the human smuggling law in Texas. Both Smuggling of Persons and the Continuous Smuggling offense do not require the state to prove trafficking, in that they do not require the smuggled people to be smuggled against their will.
The typical situation involves individuals without legal status in the country seeking to travel from a border state such as Arizona to a major commercial center like New York. During a traffic stop initiated for a minor reason, police might discover signs of suspicion, such as an unusually high number of people in the car, passengers unable to identify each other, some possibly concealed in floorboards or the trunk, and, in some instances, admissions of payment being made or received for the transportation.
The Penal Code classifies the Texas Continuous Smuggling law under Title 5 “Offenses Against The Person,” Chapter 20 “Kidnapping, Unlawful Restraint, and Smuggling of Persons.” Learn more about the Texas offense of Continuous Smuggling of Persons below.
What is the current Texas law about Continuous Smuggling of Persons?
Texas law currently defines the offense of Continuous Smuggling of Persons in Penal Code Section §20.06 as follows:[1]
(a) A person commits an offense if, during a period that is 10 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20.05.
Section 20.05 of the Texas Penal Code describes the “Smuggling of Persons” offense. Smuggling of Persons under §20.05 can involve transporting a person with the intent to conceal them from a peace officer, fleeing a peace officer, encouraging or inducing a person to enter or remain in the country in violation of federal law, or assisting two or more persons to enter or remain on agricultural land without consent; a pecuniary benefit is an enhancing factor, not a required element.
Subsection (b) of the Continuous Smuggling of Persons offense in Section 20.06 adds a specific jury instruction for these cases:
If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific conduct engaged in by the defendant constituted an offense under Section 20.05 or on which exact date the defendant engaged in that conduct. The jury must agree unanimously that the defendant, during a period that is 10 or more days in duration, engaged two or more times in conduct that constitutes an offense under Section 20.05.
What is the penalty for a Texas Continuous Smuggling offense?
A conviction for Continuous Smuggling of Persons may be punished as a felony of the first degree or second degree.[2] In addition, new minimum terms of confinement apply for offenses occurring after February 4, 2024. In some instances, it may be punished as a first degree felony with a mandatory minimum 25 year prison sentence. The mandatory 25-year minimum sentence is for cases where the victim also suffered a sexual assault or severe bodily injury or death.[3] It may be punished as a first degree felony if there was a substantial likelihood that the smuggled individual would suffer serious bodily injury or death or if the victim was under 18 years old.[4] All other convictions for this offense are punished as second degree felonies.[5]
Amendments effective in 2024
The legislature increased the penalties for violations of this offense, effective February 4, 2024. These 2024 amendments enacted a minimum term of imprisonment of ten years for all violations of this offense.[6]
Why did the legislature create this offense?
Republican Governor Greg Abbott advocated for the passage of this law in his “Reforming Texas Human Smuggling Law” paper.[7]
How can I be charged with a Continuous Smuggling offense in Texas?
You can be charged with Continuous Smuggling of Persons in Texas if the state’s attorneys believe that each of the elements of Section 20.06(a), as described in the section above, have been met.
Subsection (d) of the Continuous Smuggling of Persons offense in Section 20.06 provides one exception to the ability of prosecutors to charge multiple violations of this offense:
A defendant may not be charged with more than one count under Subsection (a) if all of the conduct that constitutes an offense under Section 20.05 is alleged to have been committed against the same victim.
What is the statute of limitations for Continuous Smuggling in Texas?
Continuous Smuggling offenses have a three-year limitations period.[8]
Can you get probation for Continuous Smuggling in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Continuous Smuggling, and judges are also allowed to accept deferred adjudication plea deals.[9]
Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[10] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[11]
What level of crime is Continuous Smuggling in Texas?
The Penal Code classifies the punishment for Continuous Smuggling as a first or second degree felony, depending on the circumstances, with a potential minimum 25 year prison sentence.
Learn more about the penalty range for this offense in the section above.
Can a Texas Continuous Smuggling offense be reduced?
Yes, Continuous Smuggling of Persons may be reduced to the base offense of Smuggling of Persons.
Legal References:
^1. Texas Penal Code §20.06. This law is current as of 2025.^2. Texas Penal Code §20.06(e)^3. Texas Penal Code §20.06(g)^4. Texas Penal Code §20.06(f)^5. Texas Penal Code §20.06(e)^6. Texas Penal Code §20.06(b), as amended by SB 4, 88th Texas Legislature (SS-3), Section 4^7. Reforming Texas Human Smuggling Law: Greg Abbott^8. See Code of Criminal Procedure §12.01(9)^9. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^10. Art. 42A.053(c), Texas Code of Criminal Procedure^11. Art. 42A.054(b), Texas Code of Criminal Procedure
