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 | Possible confinement | Fine | Source |
|---|---|---|---|
| Second-degree felony | 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.
How real SMUGGLING OF PERSONS: PECUNIARY BENEFIT cases ended
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Ended in a conviction
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.