Second degree affinity means that there is a relationship between two people because of a family member’s marriage. Second degree affinity would include people such as a brother-in-law, sister-in-law, spouse’s grandchild or grandparent, or a grandchild or grandparent’s spouse. Section 20.05(d) of the Smuggling of Persons offense states that an affirmative defense is available to a person charged with the Smuggling of Persons offense if the individual allegedly being smuggled is “within the second degree of affinity” to the driver at the time of the offense. The language “at the time of the offense” means that an affirmative defense is available even if the marriage ends after you were arrested.