(a) As used in this Code section, the term:
(1) "Illegal alien" means a person who is verified by the federal government to be present in the United States in violation of federal immigration law.
(2) "Motor vehicle" shall have the same meaning as provided in Code Section 40-1-1.
(b) A person who, while committing another criminal offense, knowingly and intentionally transports or moves an illegal alien in a motor vehicle for the purpose of furthering the illegal presence of the alien in the United States shall be guilty of the offense of transporting or moving an illegal alien.
(c) Except as provided in this subsection, a person convicted for a first offense of transporting or moving an illegal alien who moves seven or fewer illegal aliens at the same time shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $1,000.00, or both. A person convicted for a second or subsequent offense of transporting or moving an illegal alien, and a person convicted on a first offense of transporting or moving an illegal alien who moves eight or more illegal aliens at the same time, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one or more than five years, a fine of not less than $5,000.00 or more than $20,000.00, or both. A person who commits the offense of transporting or moving an illegal alien who does so with the intent of making a profit or receiving anything of value shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one or more than five years, a fine of not less than $5,000.00 or more than $20,000.00, or both.
(d) This Code section shall not apply to:
(1) A government employee transporting or moving an illegal alien as a part of his or her official duties or to any person acting at the direction of such employee;
(2) A person who transports an illegal alien to or from a judicial or administrative proceeding when such illegal alien is required to appear pursuant to a summons, subpoena, court order, or other legal process;
(3) A person who transports an illegal alien to a law enforcement agency or a judicial officer for official government purposes;
(4) An employer transporting an employee who was lawfully hired; or
(5) A person providing privately funded social services.
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