Trafficking in persons

    Vanuatu

    Penal Code

     Article 101-102

    UNTOC Articles

    • Organized Crime Convention

    • Trafficking in Persons Protocol

    • Any Article
    • Smuggling of Migrants Protocol

    • Firearms Protocol

      Original Text

      101. Prostitution No person shall procure, aid or facilitate the prostitution of another person or share in the proceeds of such prostitution whether habitual or otherwise, or be subsidised by any person engaging in prostitution.
      Penalty: Imprisonment for 5 years.

      101A. Definitions of "act of child prostitution" and "child"

      For the purposes of sections 101B to 101D –

      "act of child prostitution" means any sexual service, whether or not involving an indecent act –

      (a) that is provided by a child for the payment of money or the provision of any other material thing (whether or not it is in fact paid or provided to the child or to any other person); and

      (b) that can reasonably be considered to be aimed at the sexual arousal or sexual gratification of a person or persons other than the child,

      and includes (but is not limited to) sexual activity between persons of different sexes or the same sex, comprising sexual intercourse for payment or masturbation committed by one person on another for payment, engaged in by a child.

      "child" means a person who is under the age of 18 years.

      101B. Promoting or engaging in acts of child prostitution
      (1) A person must not –

      (a) by any means, cause or induce a child to participate in an act of child prostitution; or

      (b) participate as a client with a child in an act of child prostitution.

      Penalty: Imprisonment for 10 years or, if the child is under the age of 14 years, to imprisonment for 14 years.
      (2) The consent of a child is not a defence to a charge relating to an offence under this section.

      101C. Obtaining benefit from child prostitution
      (1) A person must not receive money or any other material benefit knowing that it is derived directly or indirectly from an act of child prostitution.
      Penalty: Imprisonment for 10 years.
      (2) A person is not guilty of an offence under this section if the person satisfies the court that the money or other material benefit concerned –

      (a) was received by the person for the lawful provision of goods or services; or

      (b) was paid or provided in accordance with a judgment or an order of a court or a legislative requirement.

      101D. Children not to be used for pornographic purposes
      (1) A person must not –

      (a) use a child for pornographic purposes; or

      (b) cause or procure a child to be so used; or

      (c) having the care (but not necessarily entitled by law to have the custody) of a child, consent to the child being so used or allow the child to be so used.

      Penalty: Imprisonment for 5 years or, if the child is under the age of 14 years, to imprisonment for 7 years.

      (2) For the purposes of this section, a child is used by a person for pornographic purposes if:

      (a) the child is engaged in activity of a sexual nature (for example, actual or simulated sexual intercourse or a striptease) for the purpose of the production of pornography by that person; or

      (b) the child is in the presence of another person engaged in such an activity for that purpose.

      Offences against the Person

      102. Slavery
      No person shall –

      (a) take or keep another in slavery; or

      (b) engage in any traffic in persons.

      Penalty: Imprisonment for 20 years.

       
       
       

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