ARS 13-2319: Smuggling
The complete text of A.R.S. § 13-2319 on smuggling, what the State has to prove, and the sentencing range, with a violation charged as a class 2 through 4 felony and exposure reaching up to 12.5 years in prison.
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Penalties for a § 13-2319 Conviction
A.R.S. § 13-2319 is the Arizona statute on smuggling. A violation is a class 2 through 4 felony, depending on the paragraph charged and what the State can prove. The maximum exposure is 12.5 years in prison.
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 felony | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Class 3 felony | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| Class 4 felony | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-2319
A. It is unlawful for a person to intentionally engage in the smuggling of human beings for profit or commercial purpose.
B. A violation of this section is a class 4 felony.
C. Notwithstanding subsection B of this section, a violation of this section:
1. Is a class 2 felony if the human being who is smuggled is under eighteen years of age and is not accompanied by a family member over eighteen years of age or the offense involved the use of a deadly weapon or dangerous instrument.
2. Is a class 3 felony if the offense involves the use or threatened use of deadly physical force and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any other basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court is served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
D. Chapter 10 of this title does not apply to a violation of subsection C, paragraph 1 of this section.
E. Notwithstanding any other law, in the enforcement of this section a peace officer may lawfully stop any person who is operating a motor vehicle if the officer has reasonable suspicion to believe the person is in violation of any civil traffic law.
F. For the purposes of this section:
1. “Family member” means the person’s parent, grandparent, sibling or any other person who is related to the person by consanguinity or affinity to the second degree.
2. “Procurement of transportation” means any participation in or facilitation of transportation and includes:
(a) Providing services that facilitate transportation including travel arrangement services or money transmission services.
(b) Providing property that facilitates transportation, including a weapon, a vehicle or other means of transportation or false identification, or selling, leasing, renting or otherwise making available a drop house as defined in section 13-2322.
3. “Smuggling of human beings” means the transportation, procurement of transportation or use of property or real property by a person or an entity that knows or has reason to know that the person or persons transported or to be transported are not United States citizens, permanent resident aliens or persons otherwise lawfully in this state or have attempted to enter, entered or remained in the United States in violation of law.
Source: Arizona Revised Statutes § 13-2319, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Statutes in Chapter 23 — Organized Crime, Fraud And Terrorism
- A.R.S. § 13-2320 — Residential mortgage fraud
- A.R.S. § 13-2317 — Money laundering
- A.R.S. § 13-2321 — Participating in or assisting a criminal street gang
- A.R.S. § 13-2316 — Computer tampering
- A.R.S. § 13-2316.01 — Unlawful possession of an access device
- A.R.S. § 13-2316.02 — Unauthorized release of proprietary or confidential computer security information
- A.R.S. § 13-2322 — Unlawful transactions involving drop house properties
- A.R.S. § 13-2315 — Racketeering
How Tamou Law Group Defends § 13-2319 Cases
A § 13-2319 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 2 through 4 felony and something far less serious, and it is where these cases are won.
We handle smuggling cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 13-2319?
A.R.S. § 13-2319 is the Arizona statute on smuggling. A violation is a class 2 through 4 felony, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-2319 a felony in Arizona?
Yes. Under the statute a violation is a class 2 through 4 felony, so the exposure reaches up to 12.5 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 2 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 2 felony at 3 years to 12.5 years, with a presumptive term of 5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
Where can I read the official text of § 13-2319?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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