Under Smuggling of Persons, which circumstance elevates the offense to Felony 2?

• A. Victim under 17
• B. People smuggled are at serious risk for serious bodily injury or death
• C. Victim is a peace officer
• D. Officer involvement

Answer: (B)

The important idea here is that the charge level for Smuggling of Persons rises when the act creates a real threat to the victim’s safety. If the people being smuggled are placed in a situation where there is a serious risk of serious bodily injury or death, the offense is elevated to Felony 2. This reflects the law’s emphasis on the worst potential outcomes of the crime.

So, when someone smuggles a person and that person is in significant danger of serious harm or death as a result, that circumstance pushes the offense up to Felony 2. The other factors listed—such as the victim’s age, whether the victim is a peace officer, or officer involvement—may carry their own penalties or offenses, but the specific elevating factor described here is the serious risk of harm to the victim.