Official Summary Text
VIOLATIONS BY CORPORATIONS
Present law authorizes a corporation to be prosecuted for an act or omission involving trafficking persons for forced labor or services or trafficking for commercial sex act constituting a crime u
nder state kidnapping and false imprisonment law only if (i) an agent of the corporation performs the conduct that is an element of the crime while acting within the scope of the agent's office or employment and on behalf of the corporation and (ii) the c
o
mmission of the crime was either authorized, requested, commanded, performed or within the scope of the agent's employment on behalf of the corporation or constituted a pattern of illegal activity that an agent of the company knew or should have known was
occurring.
Beginning July 1, 2025, this bill also authorizes a corporation to be so prosecuted for an act or omission involving human smuggling, as detailed in this bill.
HUMAN TRAFFICKING OFFENSE
Present law provides that "human trafficking offense" m
eans the commission of any act that constitutes the criminal offense of involuntary labor servitude, trafficking persons for forced labor or services, trafficking for commercial sex act, patronizing prostitution, or promoting prostitution. This bill adds
that promoting the prostitution of a minor and human smuggling are also considered "human trafficking offenses."
In addition to any other remedy, if the attorney general has reason to believe that any person or organization is committing, has committed,
or is about to commit a human trafficking offense or aggravated human trafficking, then this bill authorizes the attorney general to bring an action in the appropriate state court against the person or organization to do any of the following:
Restrain the person's or organization's actions by temporary restraining order or temporary or permanent injunction.
Cancel, revoke, or terminate any certificate of formation, certificate of incorporation, articles of organization, trust instrument, certificate of authority to transact business, license, permit, approval, charter, or registration to transact business of the person or organization.
Appoint a receiver for the organization.
Involuntarily dissolve the organization.
For purposes of the above provisions
and the offense of human trafficking, this bill clarifies that an "organization" includes, whether foreign or domestic, limited liability companies, corporations, not-for-profit corporations, profit and not-for-profit unincorporated associations, busines
s
trusts, estates, general partnerships, limited partnerships, registered or unregistered limited liability partnerships, trusts, or joint ventures.
AGGRAVATED HUMAN TRAFFICKING OFFENSE
Present law provides that aggravated human trafficking is the
commission of an act if the victim of the criminal offense is under 13 and involves any of the offenses of (i) involuntary labor servitude, (ii) trafficking persons for forced labor or services, (iii) trafficking for commercial sex act, (iv) patronizing p
r
ostitution, (v) promoting prostitution, or (vi) human smuggling. This bill adds that aggravated human trafficking includes the commission of an act if the victim of the criminal offense is under 13 and involves the offense of human smuggling.
HUMAN SMUGG
LING OFFENSE
This bill provides that a person commits the Class E felony offense of human smuggling, punishable by not less than one year or no more than six years imprisonment and a fine of up to $3,000, or both, if person knowingly does either of the f
ollowing:
Transports 10 or more persons 18 or older or five or more minors for the purpose of commercial advantage or private financial gain, with the intent to conceal the individuals from a law enforcement officer or a federal immigration officer, while knowing the persons 18 or older or minors have illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security.
Encourages or induces 10 or more persons 18 or older or five or more minors to enter or remain in this state in violation of federal law, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security, by concealing, harboring, or shielding those persons from detection.
HARBORING OR HIDING INDIVIDUALS OFFENSE
This bill provides that it is a Class A misdemeanor, punishable only by a fine of $1,000 for each person harbored or hidden, for a person to harbor or hide, or to assist anoth
er in harboring or hiding, within this state an individual who the person knows or should have known has illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement of the United States department
of homeland security.
ON APRIL 16, 2025, THE SENATE ADOPTED AMENDMENT #3 AND PASSED SENATE BILL 392, AS AMENDED.
AMENDMENT #3 makes the following revisions:
Removes human smuggling from constituting a human trafficking offense.
Establishes the offense of human smuggling, which exists when a person, for
the purpose of commercial advantage or private financial gain
, either
:
Knowingly transports an individual with intent to conceal the individual from a law enforcement officer or a federal immigration officer, while knowing the individual has illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security
.
Intentionally conceals, harbors, or shields from detection, or intentionally encourages or induces another to conceal, harbor, or shield from detection, an individual that the person knows has illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security.
Provides that such offense is generally a Class E felony. However, a
person commits aggravated human smuggling
, a Class A felony,
who commits the offense of human smuggling, and the victim of the offense was less than 13 at any time during the person's course of conduct.
Defines, for purposes of the bill, "
harbor
"
as
provid
ing
shelter to or conceal
ing
the whereabouts of an individual whom the person knows has illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security.
Clarifies that it is not a violation of human smuggling for
(i) an attorney licensed and admitted to the practice of law in this state to provide bona fide legal advice to an individual; or
(ii) a
person to provide healthcare services or assistance to an individual presenting at a healthcare facility licensed
in this state,
or the office or other practice site of a healthcare provider licensed, registered, certified, or otherwise permitted to deliver healthcare services.
Current Bill Text
Read the full stored bill text
SENATE BILL 392
By Taylor
HOUSE BILL 322
By Todd
HB0322
001249
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 39,
relative to criminal offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-13-311, is amended by deleting
"§§ 39-13-308 and 39-13-309" and substituting "§§ 39-13-308, 39-13-309, and 39-17-118".
SECTION 2. Tennessee Code Annotated, Section 39-13-314(a)(1), is amended by
deleting the subdivision and substituting:
(1) "Human trafficking offense" means the commission of any act that constitutes
the criminal offense of:
(A) Involuntary labor servitude, under § 39-13-307;
(B) Trafficking persons for forced labor or services, under § 39-13-308;
(C) Trafficking for commercial sex act, under § 39-13-309;
(D) Patronizing prostitution, under § 39-13-514(b)(3)(A);
(E) Promoting prostitution, under § 39-13-515(c);
(F) Promoting the prostitution of a minor, under § 39-13-512; or
(G) Human smuggling, under § 39-17-118; and
SECTION 3. Tennessee Code Annotated, Section 39-13-314(a), is amended by adding
the following as a new subdivision:
( ) "Organization" means any of the following, whether foreign or domestic:
(A) Limited liability companies;
(B) Corporations;
(C) Not-for-profit corporations;
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(D) Profit and not-for-profit unincorporated associations;
(E) Business trusts;
(F) Estates;
(G) General partnerships;
(H) Limited partnerships;
(I) Registered or unregistered limited liability partnerships;
(J) Trusts; or
(K) Joint ventures;
SECTION 4. Tennessee Code Annotated, Section 39-13-314, is amended by adding
the following as a new subsection:
(g) In addition to any other remedy, if the attorney general and reporter has
reason to believe that any person or organization is committing, has committed, or is
about to commit a human trafficking offense or aggravated human trafficking, then the
attorney general and reporter may bring an action in the appropriate state court against
the person or organization to:
(1) Restrain the person's or organization's actions by temporary
restraining order or temporary or permanent injunction;
(2) Cancel, revoke, or terminate any certificate of formation, certificate of
incorporation, articles of organization, trust instrument, certificate of authority to
transact business, license, permit, approval, charter, or registration to transact
business of the person or organization;
(3) Appoint a receiver for the organization; or
(4) Involuntarily dissolve the organization.
SECTION 5. Tennessee Code Annotated, Section 39-13-316(a), is amended by adding
the following as a new subdivision:
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(6) Human smuggling, under § 39-17-118.
SECTION 6. Tennessee Code Annotated, Title 39, Chapter 17, Part 1, is amended by
adding the following as a new section:
39-17-118.
(a) A person commits the offense of human smuggling who knowingly:
(1) Transports ten (10) or more persons eighteen (18) years of age or
older or five (5) or more minors for the purpose of commercial advantage or
private financial gain, with the intent to conceal the individuals from a law
enforcement officer or a federal immigration officer, while knowing the persons
eighteen (18) years of age or older or minors have illegally entered or remained
in the United States, as determined by the bureau of immigration and customs
enforcement of the United States department of homeland security; or
(2) Encourages or induces ten (10) or more persons eighteen (18) years
of age or older or five (5) or more minors to enter or remain in this state in
violation of federal law, as determined by the bureau of immigration and customs
enforcement of the United States department of homeland security, by
concealing, harboring, or shielding those persons from detection.
(b) Human smuggling is a Class E felony.
SECTION 7. Tennessee Code Annotated, Title 39, Chapter 17, Part 1, is amended by
adding the following as a new section:
39-17-119.
(a) It is an offense for a person to harbor or hide, or to assist another in
harboring or hiding, within this state an individual who the person knows or should have
known has illegally entered or remained in the United States, as determined by the
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bureau of immigration and customs enforcement of the United States department of
homeland security.
(b) A violation of this section is a Class A misdemeanor, punishable only by a
fine of one thousand dollars ($1,000) for each person harbored or hidden.
SECTION 8. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to any offense committed on or after that date.