Crimes Amendment Act 2015

  • Previous title has changed
5 Section 98D replaced (Trafficking in people by means of coercion or deception)

Replace section 98D with:

98D Trafficking in persons

(1)

Every person is liable to the penalty stated in subsection (2) who arranges, organises, or procures—

(a)

the entry of a person into, or the exit of a person out of, New Zealand or any other State—

(i)

for the purpose of exploiting or facilitating the exploitation of the person; or

(ii)

knowing that the entry or exit of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both; or

(b)

the reception, recruitment, transport, transfer, concealment, or harbouring of a person in New Zealand or any other State—

(i)

for the purpose of exploiting or facilitating the exploitation of the person; or

(ii)

knowing that the reception, recruitment, transport, transfer, concealment, or harbouring of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both.

(2)

The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both.

(3)

Proceedings may be brought under this section even if—

(a)

parts of the process by which the person was exploited, coerced, or deceived were accomplished without an act of exploitation, coercion, or deception:

(b)

the person exploited, coerced, or deceived—

(i)

did not in fact enter or exit the State concerned; or

(ii)

was not in fact received, recruited, transported, transferred, concealed, or harboured in the State concerned.

(4)

For the purposes of this section, exploit, in relation to a person, means to cause, or to have caused, that person, by an act of deception or coercion, to be involved in—

(a)

prostitution or other sexual services:

(b)

slavery, practices similar to slavery, servitude, forced labour, or other forced services:

(c)

the removal of organs.