SMUGGLING OF PERSONS: PECUNIARY BENEFIT
Smuggling of PERSONS: Pecuniary Benefit in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “SMUGGLING OF PERSONS: PECUNIARY BENEFIT” means
Texas Penal Code § 20.05 defines smuggling of persons: knowingly using a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with intent to conceal the individual from a peace officer or special investigator or to flee from an officer attempting a lawful arrest or detention; knowingly encouraging or inducing a person to enter or remain in the United States in violation of federal law by concealing, harboring, or shielding that person from detection; or knowingly assisting, guiding, or directing two or more individuals to enter or remain on agricultural land without the owner's effective consent. This charge, under § 20.05(b)(1)(C), is the second-degree felony variant alleging the offense was committed with intent to obtain a pecuniary benefit, meaning payment or other economic gain. Since a 2021 amendment, payment is not an element of base smuggling; the profit motive is the aggravating fact elevating this charge.
| Charged as | Share of bail records | Possible confinement | Fine | Source |
|---|---|---|---|---|
| Second-degree felony | 100% | 2 to 20 years in prison (TDCJ) | Fine up to $10,000 | Penal Code § 12.33 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for SMUGGLING OF PERSONS: PECUNIARY BENEFIT in Texas
Across 5,459 Texas bail settings for this charge (20 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $20,000 (middle half: $10,000 – $33,250). 14% of defendants were released on a personal bond, and bail was denied in 259 cases. When this was the only charge at booking (1,294 records), the median was $25,000 and 3% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| El Paso | 1,641 | $10,000 | $5,000 – $25,000 | 1% | 11% |
| Val Verde | 1,010 | $25,000 | $10,000 – $50,000 | 0% | 0% |
| Kinney | 754 | $10,000 | $10,000 – $10,000 | 79% | 0% |
| Webb | 287 | $20,000 | $5,000 – $40,000 | 1% | 0% |
| Uvalde | 191 | $6,000 | $5,000 – $10,000 | 12% | 6% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
Recent SMUGGLING OF PERSONS: PECUNIARY BENEFIT cases
| Case | County | Filed | Disposed | Outcome |
|---|---|---|---|---|
| CR2024-1113B | Comal | Dec 4, 2024 | Aug 5, 2026 | Guilty or no-contest plea |
| CR2025-094B | Comal | Feb 12, 2025 | Oct 21, 2025 | Guilty or no-contest plea |
| CR2023-506C | Comal | Jul 6, 2023 | Jul 15, 2025 | Guilty or no-contest plea |
| 24-06-09823 | Montgomery | Jun 25, 2024 | Jun 23, 2025 | Dismissed by the prosecutor |
| 95040-CR | Brazoria | Mar 24, 2022 | Apr 16, 2024 | Dismissed by the prosecutor |
| 23-DCR-103628 | FortBend | Sep 11, 2023 | Dec 12, 2023 | Guilty or no-contest plea |
| 22-07-09453 | Montgomery | Jul 22, 2022 | Oct 27, 2022 | Guilty or no-contest plea |
Related charges
- SMUGGLING OF PERSONS § 20.05(b)
- SMUGGLING OF PERSONS: UNDER 18 YOA § 20.05(b)(1)(b)
- SMUGGLING OF PERSONS: FLEEING § 20.05(b)(1)(e)
- SMUGGLING OF PERSONS: LIKELIHOOD SBI OR DEATH § 20.05(b)(1)(a)
- SMUGGLING OF PERSONS: FIREARM § 20.05(b)(1)(d)
Charged with SMUGGLING OF PERSONS: PECUNIARY BENEFIT?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.