Section 5
People trafficking
of Anti-Trafficking in Persons Act
(1)
Any person who recruits, transports, transfers, harbours or receives any person or persons for the purpose of exploitation by one or more of the following means -
(a)
abduction;
(b)
abuse of power or of a position of vulnerability;
(c)
deception;
a
(e)
the giving or receiving of payments or benefits to achieve the consent of a person having control over another person;
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Anti-Traficking in Persons
(f)
threat;
(g)
use of force or other forms of coercion, is guilty of an offence and liable on conviction to a fine not exceeding
$1,000,000 and not less than $10.000 in respect of each trafficked person, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping.
(2)
Where the recruitment, transportation, transfer, harbouring or receipt under subsection (1) for the purpose of exploitation is in respect of a child, it shall be considered trafficking in persons even if it does not involve any of the means referred to subsection (I), the person is guilty of an offence and liable on conviction to a fine not exceeding $1,000,000 and not less than
$10,000 in respect of each trafficked child, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping with not less than 5 strokes.
(3)
Where any of the following aggravating circumstances are present during the commission of an offence under this section -
(a)
the offence involves serious injury or death of the trafficked person or another person, including death as a result of suicide:
(b)
the offence involves a trafficked person who is particularly vulnerable such as a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition;
(c)
the offence exposed the trafficked person to a life-threatening illness, including Human Immunodeficiency Virus (HIV) and
Acquired Immune Deficiency Syndrome (AIDS);
(d)
the offence involves more than one trafficked person;
(e)
the offence was committed as part of the activity of an organised criminal group;
(f)
the offender has been previously convicted for an offence against this Act or any regulations made thereunder;
(g)
the offence was committed by a public servant in the performance of his public duties;
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(h)
the offender used drugs. weapons or medication in the commission of the offence;
(i)
the offender used a child as an accomplice or participant in the offence;
0) the offender used or threatened to use any form of violence against the trafficked person or his family;
(k)
the offender confiscated, destroyed or attempted to destroy the travel or identity documents of the trafficked person.
the offender is liable on conviction to a fine not exceeding $1,000,000 and not less than $10,000 for each trafficked person, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping with not less than 5 strokes.