Part 5 s 98E
Crimes Act 1961
(ii)
(b)
Version as at
6 November 2021
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
the reception, recruitment, transport, transfer, concealment, or harbour‐
ing 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, con‐
cealment, 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—
(4)
(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, con‐
cealed, or harboured in the State concerned.
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.
Section 98D: replaced, on 7 November 2015, by section 5 of the Crimes Amendment Act 2015 (2015
No 95).
98E 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 98C or section 98D, a court
must take into account—
(a)
74
whether bodily harm or death (whether to or of a person in respect of
whom the offence was committed or some other person) occurred during
the commission of the offence: