Criminal law (2022): Crimes against property: Smuggling

Law School

Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations.

There are various motivations to smuggle. These include the participation in illegal trade, such as in the drug trade, illegal weapons trade, prostitution, human trafficking, kidnapping, exotic wildlife trade, art theft, heists, chop shops, illegal immigration or illegal emigration, tax evasion, import or export restrictions, providing contraband to prison inmates, or the theft of the items being smuggled.

Smuggling is a common theme in literature, from Bizet's opera Carmen to the James Bond spy books (and later films) Diamonds Are Forever and Goldfinger.

Types of smuggling.

Goods.

Much smuggling occurs when enterprising merchants attempt to supply demand for a good or service that is illegal or heavily taxed. As a result, illegal drug trafficking, and the smuggling of weapons (illegal arms trade), as well as the historical staples of smuggling, alcohol (rum-running) and tobacco, are widespread. As the smuggler faces significant risk of civil and criminal penalties if caught with contraband, smugglers are able to impose a significant price premium on smuggled goods. The profits involved in smuggling goods appear to be extensive. The iron law of prohibition dictates that greater enforcement results in more potent alcohol and drugs being smuggled.

Profits also derive from avoiding taxes or levies on imported goods. For example, a smuggler might purchase a large quantity of cigarettes in a place with low taxes and smuggle them into a place with higher taxes, where they can be sold at a far higher margin than would otherwise be possible. It has been reported that smuggling one truckload of cigarettes within the United States can lead to a profit of US$2 million.

People smuggling.

With regard to people smuggling, a distinction can be made between people smuggling as a service to those wanting to illegally migrate and the involuntary trafficking of people. An estimated 90% of people who illegally crossed the border between Mexico and the United States are believed to have paid a smuggler to lead them across.

People smuggling can be used to rescue a person from oppressive circumstances. For example, when the Southern United States allowed slavery, many slaves moved north via the Underground Railroad. Similarly, during the Holocaust, Jewish people were smuggled out of Germany by people such as Algoth Niska.

Human trafficking.

Trafficking of human beings — sometimes called human trafficking or, in the case of sexual services, sex trafficking — is not the same as people smuggling. A smuggler will facilitate illegal entry into a country for a fee, and on arrival at their destination, the smuggled person is free; the trafficking victim is coerced in some way. Victims do not agree to be trafficked; they are tricked, lured by false promises, or forced into it. Traffickers use coercive tactics including deception, fraud, intimidation, isolation, physical threats and use of force, debt bondage or even force-feeding drugs to control their victims.

While the majority of victims are women, and sometimes children, other victims include men, women and children forced or conned into manual or cheap labor. Due to the illegal nature of trafficking, the exact extent is unknown. A U.S. government report published in 2003 estimates that 800,000 to 900,000 people worldwide are trafficked across borders each year. This figure does not include those who are trafficked internally.

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