2013, No. 10
Crimes
69
“unauthorised migrant”, in relation to another country,
means a person who is neither a citizen of the other
country nor in possession of all the documents required
by or under the law of that or other country for the
person’s lawful entry into that or other country.
154. Smuggling migrants-(1) A person is liable to
imprisonment for a term not exceeding 10 years who arranges for
an unauthorised migrant to enter Samoa or any other country, if
the person:
(a) does so for a material benefit; and
(b) either knows that the person is, or is reckless as to
whether the person is, an unauthorised migrant.
(2) A person is liable to imprisonment for a term not
exceeding 10 years who arranges for an unauthorised migrant to
be brought to Samoa or any other country, if the person:
(a) does so for a material benefit; and
(b) either knows that the person is, or is reckless as to
whether the person is, an unauthorised migrant;
and
(c) either (i) knows that the person intends to try to
enter that other country; or
(ii) is reckless as to whether the person
intends to try to enter that other country.
(3) Proceedings may be brought under subsection (1) or
subsection (2) even if the unauthorised migrant did not in fact
enter or was not brought to the country concerned.
(4) A person is liable to imprisonment for a term not
exceeding 10 years or to a fine not exceeding 100 penalty units
or to both, who knowingly facilitates the continued presence or
an unauthorised person in a receiving country in order to obtain a
material benefit.
155. Trafficking in people by means of coercion or
deception-(1) A person is liable to imprisonment for a term not
exceeding 14 years who: