74
Crimes
2013, No. 10
(4) For the purposes of paragraphs (b) and (c) of subsection
(3), sexual exploitation, in relation to a person, does not include
the recording or transmission of an artistic or cultural
performance or display honestly undertaken primarily for
purposes other than the exposure of body parts for the sexual
gratification of viewers.
(5) For the purposes of subsection (3)(b), “sexual
exploitation”, in relation to a person, does not include the taking
or transmission of images of the person’s genitalia, anus, or
breasts for the purpose of depicting a medical condition, or a
surgical or medical technique, for the instruction or information
of health professionals.
(6) For the purposes of subsection (3)(b), “sexual
exploitation”, in relation to a person, does not include the taking
or transmission of images of the person’s genitalia, anus, or
breasts if the images are honestly intended:
(a) to provide medical or health education; or
(b) to provide information relating to medical or health
matters; or
(c) to advertise a product, instrument, or service intended
to be used for medical or health purposes.
(7) The person under the age of 18 years in respect of whom
an offence against this section was committed cannot be charged
as a party to the offence.
(8) This section does not limit or affect the generality of
section 154 and 155.
158. Attorney General’s consent to prosecutions required(1) Proceedings for an offence against this Part of the Act cannot
be brought in a court in Samoa without the Attorney-General’s
consent.
(2) A person alleged to have committed an offence against
section 154, 155 or section 157 may be arrested, or a warrant for
the person’s arrest may be issued and executed, and the person
be remanded in custody or on bail, even though the AttorneyGeneral’s consent to the bringing of proceedings against the
person has not been obtained.