Florida Statute 787.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 787
KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED OFFENSES

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F.S. 787.07

787.07 Human smuggling.—

(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.

History.—s. 1, ch. 2009-160; s. 6, ch. 2012-97; s. 10, ch. 2023-40.

F.S. 787.07 on Google Scholar

F.S. 787.07 on Casetext

Amendments to 787.07

Arrestable Offenses / Crimes under Fla. Stat. 787.07

Level: Degree
Misdemeanor/Felony: First/Second/Third

S787.07 1 - SMUGGLING - PENALTY INCREASED SEE RECORD # 7282 - M: F

S787.07 1 - SMUGGLING - SMUGGLE ILLEGAL INDIVIDUAL INTO STATE - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 787.07

Total Results: 6

Frank Leija Moreno v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-03-13

Snippet: felony, punishable by up to five years in prison. §§ 787.07(1); 775.082(3)(e), Fla. Stat. (2020). The trial

JUAN CRESENCIO MATOS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-04-12

Snippet: Conclusion Section 787.07(3)(g), Florida Statutes (2018), penalizes the human

Polite v. State

Court: Supreme Court of Florida | Date Filed: 2007-09-27

Citation: 973 So. 2d 1107, 2007 WL 2790770

Snippet: federal statute is not only section 843.01 but also 787.07(2), the provision addressing assault and battery

V.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-03-03

Citation: 729 So. 2d 428, 1999 Fla. App. LEXIS 2403

Snippet: held that because of the knowledge requirement in 787.07(2), battery on a law enforcement officer is a specific

VM v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-03-03

Citation: 729 So. 2d 428, 1999 WL 105115

Snippet: held that because of the knowledge requirement in 787.07(2), battery on a law enforcement officer is a specific

Mitchell v. Gillespie

Court: District Court of Appeal of Florida | Date Filed: 1964-05-28

Citation: 164 So. 2d 867

Snippet: Carter v. State of Florida, (Fla. 1963) 155 So.2d 787. [7] Florida Board of Pharmacy v. Hall, (Fla.App.