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(iii)
(iv)
(v)
the extent to which the other person will be free to cease providing sexual services;
the extent to which the other person will be free to leave his or her place of residence;
if there is a debt owed or claimed to be owed by the other person in connection with the
arrangement for the other person to provide sexual services—the quantum, or the existence,
of the debt owed or claimed to be owed.
Penalty — Imprisonment for 12 years.
(8) A person (the first person) commits an indictable offence of trafficking in persons if—
(a)
(b)
(c)
the first person organises or facilitates the exit or proposed exit of another person from Fiji; and
there is an arrangement for the other person to provide sexual services outside Fiji; and
the first person deceives the other person about any of the following:
(i) the nature of the sexual services to be provided;
(ii) the extent to which the other person will be free to leave the place or area where the other
person provides sexual services;
(iii) the extent to which the other person will be free to cease providing sexual services;
(iv) the extent to which the other person will be free to leave his or her place of residence;
(v) if there is a debt owed or claimed to be owed by the other person in connection with the
arrangement for the other person to provide sexual services - the quantum, or the existence, of
the debt owed or claimed to be owed.
Penalty -Imprisonment for 12 years.
(9) Absolute liability applies to sub-sections (1)(c) and (2)(c).
Aggravated offence of trafficking in persons
113.—(1) A person (the first person) commits an aggravated offence of trafficking in persons if the first person
commits the offence of trafficking in persons in relation to another person (the victim) and any of the following
applies—
(a)
the first person commits the offence intending that the victim will be exploited, either by the first
person or another:
(i)
if the offence of trafficking in persons is an offence against sub-section 112(1), (3), (5) or (7)
- after entry into Fiji; and
(ii)
if the offence of trafficking in persons is an offence against sub-section 112(2), (4), (6) or (8)
- after exit from Fiji;
(b)
the first person, in committing the offence, subjects the victim to cruel, inhuman or degrading
treatment;
the first person, in committing the offence—
(i) engages in conduct that gives rise to a danger of death or serious harm to the victim; and
(ii) is reckless as to that danger.
(c)
Penalty — Imprisonment for 20 years.
(2) If, on a trial for an offence against this section, the court is not satisfied that the defendant is guilty of the
aggravated offence, but is satisfied that he or she is guilty of an offence against section 115, it may find the defendant
not guilty of the aggravated offence but guilty of an offence against that section.
Offence of trafficking in children
114.—(1) A person (the first person) commits an indictable offence of trafficking in children if—
(a)
(b)
the first person organises or facilitates the entry or proposed entry into Fiji, or the receipt in Fiji, of
another person; and
the other person is under the age of 18; and