Smuggling of migrants
  • Offences

    • • Financial or other material benefit (to smuggler)
      • Enabling illegal entry
  • Aggravations

    • • Inhuman or degrading treatment
Trafficking in persons
  • Offences

    • • Trafficking in persons (adults)
      • Trafficking in children (under 18 years)
  • Acts Involved

    • • Organizing and directing other persons
      • Harbouring
      • Transportation
      • Receipt
      • Buying/Purchasing/Selling
      • Recruitment/Hiring
      • Transfer
  • Means Used

    • • Deception
      • Other forms of coercion
      • Fraud
      • Use of force
      • Threat
      • Abduction
  • Exploitative Purposes

    • • Exploitation of the prostitution of others or other forms of sexual exploitation
      • Removal of organs
      • Forced labour or services

Samoa

Crimes Act 2013

 Section 153-158

UNTOC Articles

  • Organized Crime Convention

  • Article 11 : Prosecution, adjudication and sanctions
  • Trafficking in Persons Protocol

  • Any Article
  • Smuggling of Migrants Protocol

  • Any Article
  • Firearms Protocol

    Original Text

    PART XIII

    SMUGGLING AND TRAFFICKING IN PEOPLE


    153. Terms used in this Part of the Act - In this part, unless the context otherwise requires:

    “act of coercion against the person” includes:

    (a) abducting the person;

    (b) using force in respect of the person;

    (c) harming the person; or

    (d) threatening the person (expressly or by implication) with the use of force in respect of, or the harming of, the person or some other person.

    “act of deception” includes fraudulent action;

    “arranges for an unauthorised migrant to be brought to another country” includes:

    (a) organises or procures the bringing to a another country;

    (b) recruits for bringing to that or other country; or

    (c) carries to that or other country.

    “arranges for an unauthorised migrant to enter another country” includes:

    (a) organises or procures the entry into another country;

    (b) recruits for entry into that or other country;

    (c) carries into that or other country.

    “document” includes a thing that is or is intended to be:

    (a) attached to a document; or

    (b) stamped or otherwise signified on a document.

    “harming of a person” means causing harm of any kind to the person; and (in particular) includes:

    (a) causing physical, psychological, or financial harm to the person;

    (b) sexually mistreating the person;

    (c) causing harm to the person’s reputation, status, or prospects.

    “unauthorised migrant”, in relation to another country, means a person who is neither a citizen of the other country nor in possession of all the documents required by or under the law of that or other country for the person’s lawful entry into that or other country.


    154. Smuggling migrants-(1) A person is liable to imprisonment for a term not exceeding 10 years who arranges for an unauthorised migrant to enter Samoa or any other country, if the person:

    (a) does so for a material benefit; and

    (b) either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant.

    (2) A person is liable to imprisonment for a term not exceeding 10 years who arranges for an unauthorised migrant to be brought to Samoa or any other country, if the person:

    (a) does so for a material benefit; and

    (b) either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant; and

    (c) either -

    (i) knows that the person intends to try to enter that other country; or

    (ii) is reckless as to whether the person intends to try to enter that other country.

    (3) Proceedings may be brought under subsection (1) or subsection (2) even if the unauthorised migrant did not in fact enter or was not brought to the country concerned.

    (4) A person is liable to imprisonment for a term not exceeding 10 years or to a fine not exceeding 100 penalty units or to both, who knowingly facilitates the continued presence or an unauthorised person in a receiving country in order to obtain a material benefit.


    155. Trafficking in people by means of coercion or deception-(1) A person is liable to imprisonment for a term not exceeding 14 years who:

    (a) arranges the entry of a person into Samoa or any other country by one (1) or more acts of coercion against the person, one (1) or more acts of deception of the person, or both; or

    (b) arranges, organises, or procures the reception, concealment, or harbouring in Samoa or any other country of a person, knowing that the person’s entry into Samoa or that other country was arranged by one (1) or more acts of coercion against the person, one (1) or more acts of deception of the person, or both.

    (2) Proceedings may be brought under this section even if the person coerced or deceived:

    (a) did not in fact enter the state concerned; or (as the case may be);

    (b) was not in fact received, concealed, or harboured in the state concerned.

    (3) Proceedings may be brought under this section even if parts of the process by which the person coerced or deceived was brought or came to or towards the state concerned were accomplished without an act of coercion or deception.


    156. Aggravating factors-(1) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 154 or 155, a court must take into account:

    (a) whether bodily harm or death (whether to or of a person in respect of whom the offence was committed or to or of any other person) occurred during the commission of the offence; or

    (b) whether the offence was committed for the benefit of, at the direction of, or in association with, an organised criminal group (within the meaning of section 146); or

    (c) whether a person in respect of whom the offence was committed was subjected to inhuman or degrading treatment as a result of the commission of the offence; or

    (d) if during the proceedings concerned the person was convicted of the same offence in respect of two (2) or more people, the number of people in respect of whom the offence was committed.

    (2) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 155, a court must also take into account:

    (a) whether a person in respect of whom the offence was committed was subjected to exploitation (for example, sexual exploitation, a requirement to undertake forced labour, or the removal of organs) as a result of the commission of the offence;

    (b) the age of the person in respect of whom the offence was committed and, in particular, whether the person was under the age of 18 years;

    (c) whether the person convicted committed the offence, or took actions that were part of it, for a material benefit.

    (3) The examples in paragraph (a) of subsection (2) do not limit the generality of that paragraph.

    (4) This section does not limit the matters that a court may take into account when determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 154 or section 155.


    157. Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour-(1) A person is liable to imprisonment for a term not exceeding 14 years who:

    (a) sells, buys, transfers, barters, rents, hires, or in any other way enters into a dealing involving a person under the age of 18 years for the purpose of -

    (i) the sexual exploitation of the person; or

    (ii) the removal of body parts from the person; or

    (iii) the engagement of the person in forced labour; or

    (b) engages a person under the age of 18 years in forced labour; or

    (c) permits a person under the age of 18 years to be engaged in forced labour; or

    (d) detains, confines, imprisons, or carries away a person under the age of 18 years for the purpose of -

    (i) the sexual exploitation of the person; or

    (ii) the removal of body parts from the person; or

    (iii) the engagement of the person in forced labour; or

    (e) removes, receives, transports, imports, or brings into any place a person under the age of 18 years for the purpose of -

    (i) the sexual exploitation of the person; or

    (ii) the removal of body parts from the person for a material benefit; or

    (iii) the engagement of the person in forced labour; or

    (f) induces a person under the age of 18 years to sell, rent, or give himself or herself for the purpose of -

    (i) the sexual exploitation of the person; or

    (ii) the removal of body parts from the person for a material benefit; or

    (iii) the engagement of the person in forced labour; or

    (g) induces a person to sell, rent, or give another person (being a person who is under the age of 18 years and who is dependent on him or her or in his or her charge) for the purpose of -

    (i) the sexual exploitation of the other person; or

    (ii) the removal of body parts from the other person; or

    (iii) the engagement of the other person in forced labour; or

    (h) builds, fits out, sells, buys, transfers, rents, hires, uses, provides with personnel, navigates, or serves on board a ship, aircraft, or other vehicle for the purpose of doing an act stated in any of paragraphs (a) to (g); or

    (i) agrees or offers to do an act stated in any of paragraphs (a) to (h).

    (2) It is a defence to a charge under this section if the person charged proves that he or she believed on reasonable grounds that the person under the age of 18 years concerned was of or over the age of 18 years.

    (3) For the purposes of subsection (1), sexual exploitation, in relation to a person, includes the following acts:

    (a) the taking by any means, or transmission by any means, of still or moving images of the person engaged in explicit sexual activities (whether real or simulated);

    (b) the taking by any means or transmission by any means, for a material benefit, of still or moving images of the person’s genitalia, anus, or breasts (not being an act described in subsection (4) or subsection (5));

    (c) the person’s participation in a performance or display (not being an act described in subsection (4)) that -

    (i) is undertaken for a material benefit; and

    (ii) involves the exposure of the person’s genitalia, anus, or breasts;

    (d) the person’s undertaking of an activity (such as, employment in a restaurant) that -

    (i) is undertaken for a material benefit; and

    (ii) involves the exposure of the person’s genitalia, anus, or breasts.

    (4) For the purposes of paragraphs (b) and (c) of subsection (3), sexual exploitation, in relation to a person, does not include the recording or transmission of an artistic or cultural performance or display honestly undertaken primarily for purposes other than the exposure of body parts for the sexual gratification of viewers.

    (5) For the purposes of subsection (3)(b), “sexual exploitation”, in relation to a person, does not include the taking or transmission of images of the person’s genitalia, anus, or breasts for the purpose of depicting a medical condition, or a surgical or medical technique, for the instruction or information of health professionals.

    (6) For the purposes of subsection (3)(b), “sexual exploitation”, in relation to a person, does not include the taking or transmission of images of the person’s genitalia, anus, or breasts if the images are honestly intended:

    (a) to provide medical or health education; or

    (b) to provide information relating to medical or health matters; or

    (c) to advertise a product, instrument, or service intended to be used for medical or health purposes.

    (7) The person under the age of 18 years in respect of whom an offence against this section was committed cannot be charged as a party to the offence.

    (8) This section does not limit or affect the generality of section 154 and 155.


    158. Attorney General’s consent to prosecutions required-(1) Proceedings for an offence against this Part of the Act cannot be brought in a court in Samoa without the Attorney-General’s consent.

    (2) A person alleged to have committed an offence against section 154, 155 or section 157 may be arrested, or a warrant for the person’s arrest may be issued and executed, and the person be remanded in custody or on bail, even though the Attorney-General’s consent to the bringing of proceedings against the person has not been obtained.

     
     
     
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