(a) Criminal penalties

      (1)(A) Any person who - 

        (i) knowing that a person is an alien, brings to or attempts to

      bring to the United States in any manner whatsoever such person

      at a place other than a designated port of entry or place other

      than as designated by the Commissioner, regardless of whether

      such alien has received prior official authorization to come to,

      enter, or reside in the United States and regardless of any

      future official action which may be taken with respect to such

      alien;

        (ii) knowing or in reckless disregard of the fact that an alien

      has come to, entered, or remains in the United States in

      violation of law, transports, or moves or attempts to transport

      or move such alien within the United States by means of

      transportation or otherwise, in furtherance of such violation of

      law;

        (iii) knowing or in reckless disregard of the fact that an

      alien has come to, entered, or remains in the United States in

      violation of law, conceals, harbors, or shields from detection,

      or attempts to conceal, harbor, or shield from detection, such

      alien in any place, including any building or any means of

      transportation;

        (iv) encourages or induces an alien to come to, enter, or

      reside in the United States, knowing or in reckless disregard of

      the fact that such coming to, entry, or residence is or will be

      in violation of law; or

        (v)(I) engages in any conspiracy to commit any of the preceding

      acts, or

        (II) aids or abets the commission of any of the preceding acts,

    shall be punished as provided in subparagraph (B).

      (B) A person who violates subparagraph (A) shall, for each alien

    in respect to whom such a violation occurs - 

        (i) in the case of a violation of subparagraph (A)(i) or (v)(I)

      or in the case of a violation of subparagraph (A)(ii), (iii), or

      (iv) in which the offense was done for the purpose of commercial

      advantage or private financial gain, be fined under title 18,

      imprisoned not more than 10 years, or both;

        (ii) in the case of a violation of subparagraph (A)(ii), (iii),

      (iv), or (v)(II), be fined under title 18, imprisoned not more

      than 5 years, or both;

        (iii) in the case of a violation of subparagraph (A)(i), (ii),

      (iii), (iv), or (v) during and in relation to which the person

      causes serious bodily injury (as defined in section 1365 of title

      18) to, or places in jeopardy the life of, any person, be fined

      under title 18, imprisoned not more than 20 years, or both; and

        (iv) in the case of a violation of subparagraph (A)(i), (ii),

      (iii), (iv), or (v) resulting in the death of any person, be

      punished by death or imprisoned for any term of years or for

      life, fined under title 18, or both.

      (2) Any person who, knowing or in reckless disregard of the fact

    that an alien has not received prior official authorization to come

    to, enter, or reside in the United States, brings to or attempts to

    bring to the United States in any manner whatsoever, such alien,

    regardless of any official action which may later be taken with

    respect to such alien shall, for each alien in respect to whom a

    violation of this paragraph occurs - 

        (A) be fined in accordance with title 18 or imprisoned not more

      than one year, or both; or

        (B) in the case of - 

          (i) an offense committed with the intent or with reason to

        believe that the alien unlawfully brought into the United

        States will commit an offense against the United States or any

        State punishable by imprisonment for more than 1 year,

          (ii) an offense done for the purpose of commercial advantage

        or private financial gain, or

          (iii) an offense in which the alien is not upon arrival

        immediately brought and presented to an appropriate immigration

        officer at a designated port of entry,

      be fined under title 18 and shall be imprisoned, in the case of a

      first or second violation of subparagraph (B)(iii), not more than

      10 years, in the case of a first or second violation of

      subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10

      years, and for any other violation, not less than 5 nor more than

      15 years.