Offence involving trafficking of a child

(1) A person who engages in, conspires to engage in, attempts to engage in, assists another person to engage in, or organizes or directs another person to engage in commercial sexual exploitation and that commercial sexual exploitation also involves the trafficking of a child, that person commits an offence under this Act and is also liable in accordance with the provisions of the Trafficking in Persons (Prohibition) Act. CAP. 108.01. (2) The procedures set out regarding Assistance and Protection for Victims under the Trafficking in Persons (Prohibition) Act shall apply to victims of trafficking under this Act and are without prejudice to any other provisions set out in this Act. CAP. 108.01 (3) The court shall impose the following adjustments to the sentence provided under the in Persons (Prohibition) Act of a person convicted of the offence of trafficking where the victim is a childCAP. 108.01 (a) if the convicted person used, threatened use, or caused another person to use or threaten use of a dangerous weapon - two years shall be added to the sentence; (b) if the trafficked child suffers serious bodily injury, or if the convicted person commits a sexual assault against the trafficked child - five years shall be added to the sentence; (c) if, in the course of trafficking or subsequent sexual exploitation, the convicted person recklessly caused a trafficked child to be exposed to a life-threatening illness, or if the convicted person intentionally caused a trafficked child to become addicted to any drug or medication - five years shall be added to the sentence; (d) if the trafficked child suffers a permanent or life-threatening bodily injury ten years shall be added to the sentence; (e) if the trafficked child dies as a result of the trafficking, the sentence shall be life (f) if the trafficking of a child was part of the activity of an organized criminal group or network as defined in section 2 of the Trafficking in Persons (Prohibition) Act, three years shall be added to the sentence; CAP. 108.01. Children (Prohibition) 13 (g) if the trafficking of a child was part of the activity of an organized criminal group or network as defined in section 2 of the Trafficking in Persons (Prohibition) Act, and the convicted person organized the group, or directed its activities, five years shall be added to the sentence; CAP. 108.01. (h) if the trafficking of a child occurred as a result of the abuse of position where a person has authority or control over a child, or of a relationship of trust, five years shall be added to the sentence; or (i) if the trafficked child was subjected to inhuman or degrading treatment, eight years shall be added to the sentence. (4) For the purposes of sub-section (3)“dangerous weapon” means– (a) an instrument capable of inflicting death or serious bodily injury; or (b) an object that is not an instrument capable of inflicting death or serious injury but– (i) closely resembles such an instrument; or (ii) is used in such a way that it creates the impression that the object is an instrument capable of inflicting death or serious bodily injury; “life-threatening illness” means any illness, whether treated or untreated, that involves a substantial risk of death, and includes the human immunodeficiency virus and tuberculosis; “permanent or life-threatening bodily injury” means injury involving substantial risk of death, loss or substantial impairment of the function of a bodily member, organ or mental faculty that i s likely to be permanent or an obvious disfigurement that is likely to be permanent and includes maltreatment to a life-threatening degree such as denial of food or medical care that results in substantial impairment of function; “serious bodily injury” means injury involving extreme physical pain or the protracted impairment of function of a bodily member, organ or mental faculty, or requiring medical intervention such as surgery, hospitalization or physical rehabilitation; “sexual assault” means causing another to engage in a sexual act by using force against that person, threatening or placing that person in fear that any person will be subjected to death, serious bodily injury, or kidnapping, and engaging in a sexual act with an incapacitated person, or a person who cannot express consent, or with a minor that constitutes carnal knowledge under the Criminal Code; and, CAP. 101. “trafficking of a child” means the recruitment, transportation, transfer, harbouring or receipt of a person by means of threat or use of force or other means of coercion, or abduction, fraud, deception, abuse of power or of a position of vulnerability, or by the giving or receiving of payments or benefits to achieve the consent of a person having control of that child, for the purpose of exploitation.