Section 3Part 2 — Trafficking in Persons
Offence of trafficking in persons
←→ Navigate · Click subsection badges to collapse · Press ? for help
A person commits the offence of trafficking in persons where, for the purpose of exploitation he —
recruits, transports, transfers, harbours or receives another person within the Islands;
recruits, transports or transfers another person from the Islands to another territory; or
recruits, transports, transfers, or receives another person from another territory into the Islands, by any of the means specified in subsection (2).
The means referred to in subsection (1) are —
the threat or use of force or other form of coercion;
abduction;
deception or fraud;
the abuse of —
power; or
a position of vulnerability; or
the giving or receiving of a benefit in order to obtain the consent of a person who has control over another person.
Notwithstanding the absence of the use of any of the means specified in paragraphs (a) to (e) of subsection (2), a person who recruits, transports, transfers, harbours or receives a child for the purpose of exploitation of that child commits the offence of trafficking in persons.
It shall not be a defence for a person who commits the offence of trafficking in persons that the offence was committed with the victim's consent.
A person who facilitates the offence of trafficking in persons commits an offence.
A person who commits the offence of trafficking in persons or who facilitates that offence is liable on conviction on indictment to a fine of five thousand dollars or to imprisonment for a term of ten years or to both.
A person who, for the purpose of committing or facilitating the offence of trafficking in persons conceals, removes, withholds or destroys any —
travel document that belongs to another person; or
document that establishes or purports to establish another person's identity or immigration status, commits an offence and is liable on conviction on indictment to a fine of five thousand dollars or to imprisonment for a term of ten years or to both.
Every person who receives a financial or other benefit knowing that it results from the offence of trafficking in persons commits an offence and is liable on conviction on indictment to a fine of five thousand dollars or to imprisonment for a term of ten years or to both.
For the purposes of this section, the offence of trafficking in persons is facilitated —
where the facilitator knows that such an offence is intended to be facilitated;
whether or not the facilitator knows the specific nature of the offence that is intended to be facilitated; and
whether or not the offence was actually committed.
Defined Terms
trafficking in personsexploitationchild