CRS 18-13-128 – Human Smuggling – Colorado Law & Penalties (repealed)

Colorado’s statute outlawing human smuggling, CRS § 18-13-128, was repealed in 2023. Now, suspected human smugglers are prosecuted for

• human trafficking,
• kidnapping,
• racketeering, and
• other related felonies.

CRS § 18-13-128 defined human smuggling as providing transportation to a person for the purpose of entering or remaining in the country in violation of immigration laws. This was a class 3 felony, carrying 4 to 16 years in prison and a fine of up to $750,000.

The person who did the smuggling was often informally referred to as a “coyote.”

In this article, our Denver Colorado criminal defense lawyers will address:

• 1. What was human smuggling in Colorado?
• 2. What were the penalties?
• 3. Related Offenses
• 4. Additional Reading

1. What was human smuggling in Colorado?

Under the now repealed law CRS § 18-13-128, smuggling of humans was defined as providing transportation (or agreeing to provide transportation) in exchange for money to assist another person to enter or travel in the United States or Colorado in violation of immigration laws.¹

Smuggling was done for money or “any other thing of value” such as promises to work off any debt through labor or sexual services. Smuggling involving coercion could also have resulted in human trafficking charges.

Each person who was transported or offered transportation resulted in a separate offense. Thus, offering to help transport a family of four individuals in violation of immigration laws would result in four separate offenses of human smuggling.²

The Colorado State Patrol’s Smuggling and Trafficking Interdiction Unit (STIS) still focuses on criminal human smuggling across the state of Colorado. They often work together with federal immigration officers and the FBI to investigate criminal organizations smuggling people across the Colorado-state and U.S.-international borders.

2. What were the penalties?

Smuggling of humans in Colorado was a class 3 felony.³ The penalties for a conviction for a single incident of human smuggling included:

• 4 to 12 years in prison and
• a fine of up to $750,000.

There was also a mandatory parole period of 5 years for a human smuggling conviction.

Human smuggling remains a federal offense. Federal law makes it a crime to provide the following assistance to an individual in violation of immigration law:

• Transport an individual across the border;
• Transport an individual within the United States;
• Conceal, harbor, or shield an individual from detection; or
• Encourage an individual to come to or reside in the United States.⁴

3. Related Offenses

Human Trafficking for Involuntary Servitude C.R.S. 18-3-503

Human trafficking for involuntary servitude includes knowingly selling, transporting, or obtaining by any means another person for the purpose of coercing the other person to perform labor or services.

If the victim is an adult, human trafficking is a class 3 felony carrying:

• 4 to 16 years in prison, and/or
• a fine of up to $750,000.

If the victim is a child, human trafficking is a class 2 felony carrying:

• 16 to 48 years in prison, and/or
• A fine of up to $1,000,000.

Human Trafficking for Sexual Servitude C.R.S. 18-3-504

Human trafficking for sexual servitude includes transporting people for the purpose of coercing them to engage in a commercial sexual activity.

If the victim is an adult, human trafficking is a class 3 felony carrying:

• 4 to 16 years in prison, and/or
• a fine of up to $750,000.

If the victim is a child, human trafficking is a class 2 felony carrying:

• 16 to 48 years in prison, and/or
• A fine of up to $1,000,000.

A conviction also requires mandatory registration as a sex offender.

Kidnapping C.R.S. 18-3-301

Imprisoning another person or moving them from one place to another by force or unlawful persuasion is kidnapping. The penalties for kidnapping depend on whether the kidnapper held the victim for ransom.

In some cases, first-degree kidnapping can result in prison for up to 48 years if a deadly weapon was involved.

Sexual Assault C.R.S. 18-3-402

Sexual assault or rape involves unwanted sexual penetration of another person. The penalties for sexual assault may depend on whether

• force was used, or
• the victim was drugged.

It also depends on the ages of the victim and the perpetrator. Sexual assault may require registration as a sex offender.

Racketeering C.R.S. 18-17-104

Racketeering is a pattern of criminal activity that often involves gangs or organized crime. This can include

• illegal gambling,
• prostitution, and
• human trafficking.

Racketeering in Colorado is a class 2 felony, with penalties including

• up to 24 years in prison and
• up to $1 million in fines.

4. Additional Reading

For more in-depth information, refer to these scholarly articles:

• Crooked Straits: Maritime Smuggling of Humans from Cuba to the United States – The University of Miami Inter-American Law Review.
• The United States as Global Sheriff: Using Unilateral Sanctions to Combat Human Trafficking – Michigan Journal of International Law.
• Human Smuggling: Structure and Mechanisms – Crime and Justice.
• Los Vaqueros, Coyoteros, y Pollos: Combating Human Smuggling beyond the Border – Tulsa Law Review.
• Smuggling of Human Beings from a Human Rights Perspective: Obligations of Non-State and State Actors under International Human Rights Law – International Journal of Refugee Law.

Legal References