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Penal Code (Amendment) Act, 2005

child protectionchild welfarecomplianceconfidentialitycourt powerscriminal offencesdetentionguardianshiplegislative amendmentminorityoffencesoffences and penaltiespenaltiespremises liabilityprostitutionsentencingsexual exploitationsexual harassmentsexual offencesstatutory amendmentworkplace conduct

Jurisdiction: Zambia
Structure: 39 provisions
Citation: Act 15 of 2005
Dates: Undated source snapshot

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“This provision amends the principal Act by inserting a new section in Part XV under the heading “Offences Against Morality”.”

This provision amends the principal Act by inserting a new section in Part XV under the heading “Offences Against Morality”. This excerpt appears to be a heading listing topics: definition of child, repeal and replacement of sections 136 and 137, abduction of children, and indecent assault. In this Part, “child” means a person below sixteen years old. This section amends the principal Act by repealing sections 136 and 137 and replacing them with new text. A person who unlawfully takes a child from the child's lawful custodian against that custodian's will commits a felony.

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The principal Act is amended in Part XV by the insertion

This provision amends the principal Act by inserting a new section in Part XV under the heading “Offences Against Morality”.

Section 2

Any person who

Any person who procures or tries to procure a child or other person for prostitution-related or unlawful carnal knowledge purposes commits a felony and faces at least 20 years’ imprisonment, with possible life imprisonment.

Section 140

Any person who keeps a house, room, set of rooms,

A person who keeps a house, room, set of rooms, or any other place for prostitution commits a felony.

Section 149

(\ Y Any female -person of or above the age of sixteen Consent to

Section 161

Any person who commits an assault or battery on

A person who assaults or batters a child and causes actual bodily harm commits an offence and may be imprisoned for 5 to 10 years on conviction.

Section 248A

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Showing 39 of 39 provisions

Repeal 12Amendment 11Provision 7Offence 7

§ 2The principal Act is amended in Part XV by the insertionAmendment

This provision amends the principal Act by inserting a new section in Part XV under the heading “Offences Against Morality”.

2. The principal Act is amended in Part XV by the insertion immediately under the heading "Offences Against M·orality" of the following new section: Insertion of new section

Section 2Verify source

§ 131ASection 131ARepeal

This excerpt appears to be a heading listing topics: definition of child, repeal and replacement of sections 136 and 137, abduction of children, and indecent assault.

131A. Definition of child Repeal and replacement of sections 136 and 137 Abduction of children Indecent assault

Section 131AVerify source

§ 131AIn this Part" child" means a person below the ageProvision

In this Part, “child” means a person below sixteen years old.

131A. In this Part" child" means a person below the age of sixteen years.

Section 131AVerify source

§ 3The principal Act is amended by the repeal of sections oneRepeal

This section amends the principal Act by repealing sections 136 and 137 and replacing them with new text.

3. The principal Act is amended by the repeal of sections one hundred and thirty-six and one hundred and thirty-seven and the substitution therefor of the following:

Section 3Verify source

§ 136Any person who unlawfully takes a child out of theProvision

A person who unlawfully takes a child from the child's lawful custodian against that custodian's will commits a felony.

136. Any person who unlawfully takes a child out of the custody or protection of the child's father, mother or other person having lawful care or charge of the child, and against the will of such father, mother or other person, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years and not exceeding ten years.

Section 136Verify source

§ 137(1) Any person who unlawfully and indecentlyAmendment

This section makes indecent assault on a child or other person a felony, with imprisonment of 15 to 20 years on conviction. It also says consent is not a defence to indecent assault on a child, and separately criminalises being in certain places for indecent curiosity or intent to annoy or assault, with a 2 to 5 year prison term.

137. (1) Any person who unlawfully and indecently assaults any child or other person commits a felony and is liable, upon conviction, Lo imprisonment for a term of not less than fifteen years and not exceeding twenty years. (2) It shall not be a defence to a charge of an indecent assault on a child to prove that the child consented to the act of indecency. Copies oftl11s Act may be obtained from the Government Printer, P.O. Box 30 136, 101 00. Lusaka. Price KJ, 000 each. 70 No. 15 of 2005] Penal Code (Amendment) (3) Any person who is found in any building or d� Welhn house or in any verandah or passage attached theret �- o � 1n other land. adjacent to or with � any yard, garden or n _ cartilage of such buildmg or dwelling-house not being a b �e PU he place- . . (a) for the purpose of and from motives of ind ecent curio�ity gazmg at or o se1:mg �y other person b or child who may be therem while in a stat e of dr undress or sem1-un ess; or (b) wit� intent to annoy or indecently to assault any child or other person who may be therein-' . commits an offence and is liable, upon conviction, to imprisonment for a tenn of not less than two years and not exceeding five years.

Section 137Verify source

§ 4The principal Act is amended by the insertion immediatelyAmendment

Sexual harassment of a child in a workplace, learning institution, or elsewhere is a felony punishable by 3 to 15 years’ imprisonment; a child offender may instead receive community service or counselling determined by the court.

4. The principal Act is amended by the insertion immediately after section one hundred and thirty-seven of the following new section: Insertion of new section 137A Sexual harassment 137 A. (1) Any person who practices sexual harassment in a work place, institution of learning or elsewhere on a child commits a felony and is liable, upon conviction, to imprisonment for a term of not less than three years and not exceeding fifteen years. (2) A child who commits an offence under subsection (1) is liable to such community service or counselling as the court may determine in the best interests of the child. (3) In this section, sexual harassment means- (a) a seductive sexual advance being an unsolicited sexual comment, physical contact or other gesture of a sexual nature which one finds objectionable or offensive or which causes discomfort in one's studies or job and interferes with academic performance or work performance or a conducive working or study environment; (b) sexual bribery in the form of soliciting or attempting to solicit sexual activity by promise of reward; (c) sexual threat or coercion which includes procuring or attempting to procure sexual activity by threat of violence or victimisation; or Penal Code (Amendment) [No. 15 of 2005 71 ( d) sexual imposition using forceful behaviour or assault in an attempt to gain physical sexual contact.

Section 4Verify source

§ 5The principal Act is amended by the repeal of sections oneRepeal

This section amends the principal Act by repealing sections 138 to 147 and replacing them with new text.

5. The principal Act is amended by the repeal of sections one hundred and thirty-eight to one hundred and forty-seven and the substitution therefore of the following:

Section 5Verify source

§ 138(1) Any person who unlawfully and carnally knowsOffence

This section makes it a felony to have unlawful carnal knowledge of a child, attempt it, or prescribe a child’s defilement as a cure, with imprisonment penalties.

138. (1) Any person who unlawfully and carnally knows any child commits a felony and is liable, upon conviction, to a term of imprisonment of not less than fifteen years and may be liable to imprisonment for life. (2) Any person who attempts to have unlawful carnal Imowledge of any child commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fourteen years and not exceeding twenty years. (3) Any person who prescribes the defilement of a child as a cure for an ailment commits a felony and is liable, upon convictio� to imprisonment for a term of not less than fifteen years and may be liable to imprisonment for life. (4) A child above the age of twelve years who commits an offence under subsection (1) or (2) is liable, to such community service or counselling as the court may determine, in the best interests of both children.

Section 138Verify source

§ 139Any person who, knowing a child or other personOffence

A person who knowingly has or tries to have unlawful carnal knowledge of a child or other person with a mental illness or intellectual disability, in circumstances not amounting to rape, commits a felony and faces imprisonment.

139. Any person who, knowing a child or other person to be an imbecile or person with a mental illness, has or attempts to have unlawful carnal knowledge of that child or other person in circumstances not amounting to rape, but which prove that the offender knew at the time of the commission of the offence that the child or other person was an idiot or imbecile commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fourteen years and may be liable to imprisonment for life.

Section 139Verify source

§ 140Any person whoRepeal

140. Any person who- (a) procures or attempts to procure any child or other person to have unlawful carnal knowledge either in Zambia or elsewhere, with any person or other persons for pornography, bestiality or any other purpose; Repeal and replacement of sections 138 to 147 Defilement of chlld Defilement of imbecile or person with mental illness Procurring child or other person for prostitution, etc. 72 No. 15 of 2005] Penal Code (Amendment), 2005 (b) procures or attempts to procure any child or other person to become, either in Zambia or elsewhere, a common prostitute; (c) procures or attempts to procure any child or person to leave Zambia, with the intent that the child or person may become an inmate of or frequent a brothel elsewhere; or ( d) procures or attempts to procure any child or person to leave that child's or other person's usual place of abode in Zambia with intent that the child or other person may, for the purposes of prostitution, become an inmate of or frequent a brothel either in Zambia or elsewhere; commits a felony and is liable, upon conviction, to imprisonment for a term of not less than twenty years and may be liable to imprisonment for life: Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused. Procurring defilement by threat or fraud or administering drugs

Section 140Verify source

§ 141Any person whoAmendment

A person who uses threats, false pretence, or drugs to get a child or other person to have unlawful carnal knowledge commits a felony and can be jailed for at least 20 years, up to life.

141. Any person who--- (a) by threat or intimidation procures or attempts to procure any child or other person to have any unlawful carnal knowledge, either in Zambia or elsewhere; (b) by false pretence or false representation procures any child or other person to have any lllllawful carnal knowledge, either in Zambia or elsewhere; or (c) applies, administers to, or causes to be taken by any child or other person any drug, matter or thing, with intent to stupefy or overpower so as thereby to enable any third person to have lllllawful carnal knowledge with such child or other person; commits a felony and i s liable, upon conviction, to imprisonment for a term of not less than twenty years and may be liable to imprisonment for life: [No. 15 of 2005 73 Penal Code (Amendment) Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.

Section 141Verify source

§ 142Any person who, being the owner or occupier ofProvision

People who own, occupy, manage, or control premises must not let a child be on those premises for unlawful sexual use by another person.

142. Any person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly permits any child to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any other person, whether such carnal knowledge is intended to be with any particular person or generally, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than twenty years and may be liable to imprisonment for life. Householder, etc., permitting defilement of child on premises

Section 142Verify source

§ 143Any person who sells or trafficks in a child or otherOffence

Selling or trafficking a child or other person is an offence punishable by at least 20 years in prison.

143. Any person who sells or trafficks in a child or other person for any purpose or in any form commits an offence and is liable, upon conviction, to imprisonment for a term of not less than twenty years: Selling or trafficking in children, etc. Provided that where it is proved during the trial of the accused person that the sale or trafficking in a child or other person was for the purpose of causing that chlld or person to be unlawfully and carnally known by any other person, whether such carnal knowledge was intended to be with any particular person or generally, the person is liable, upon conviction, to imprisonment for life.

Section 143Verify source

§ 144(1) Any person who detains any child or other personAmendment

A person must not detain a child or other person against their will in premises or a brothel for unlawful carnal knowledge by a third person; doing so is a felony.

144. (1) Any person who detains any child or other person against that child or other person's will- (a) in or upon any premises with intent that the child or other person may be unlawfully and carnally known by any third person, whether particularly or generally or for rituals or any other purpose; or (b) in any brothel; commits a felony and is liable, upon conviction, to imprisonment for a term of not less than twenty years and may be liable to imprisonment for life. (2) When a child or person is in or upon any premises for the purposes of having any unlawful carnal knowledge �r is in any brothel, another person shall be de�med to detam _ such a child or person in or upon such prenuses or m such Detention with intent in premises or brothel 74 No. 15 of 2005] Penal Code (Amendment) Power of search brothel, if, with intent to compel or induce the child or person to remain in or upon such premises or in such brothel, such other person withholds from the child or person any wear1ng apparel or other property belonging to the child or person, or wher wearing apparel has been lent or otherwise supplied to such child or person or by the directions of such person, such other person threatens such person with legal proceedings for taking away the wearing apparel so lent or supplied. (3) No legal proceedings, whether civil or criminal, shall be taken against any child or person for taking away or being found in possession of any such wearing apparel as was necessary to enable the child or person to leave such premises or brothel.

Section 144Verify source

§ 145(1) If it appears to any magistrate, on informationAmendment

A magistrate may issue a warrant to search for and detain a child or other person suspected of being unlawfully held for immoral purposes, and may direct what happens next.

145. (1) If it appears to any magistrate, on information made before the magistrate, on oath, by any parent, relative or guardian of any child or other person who, in the opinion of the magistrate, is acting bona fide in the interests of any child or other person, that there is reasonable cause to suspect that such child or other person is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of such magistrate, such magistrate may issue a warrant authorising the person named therein to search for, and when found to take to and detain in a place of safety such child or person until the child or person can be brought before a magistrate. (2) The magistrate before whom the child or person is brought in accordance with subsection (I) may cause the child or person to be delivered up to the child's parents or guardians, or be otherwise dealt with as circumstances may permit and requrre. (3) A magistrate issuing a warrant under this section may, by the same or any other warrant, cause any person accused of so unlawfully detaining such child or person to be apprehended and brought before a magistrate and proceedings to be taken for punishing such person according to law. ( 4) A child or person shall be deemed to be unlawfully detained for immoral purposes if the child or person is so detained for the purpose of being unlawfully and carnally known by any other person, whether any particular third person or generally; and Penal Code (Amendment) [No. 15 of 2005 75 (a) in the case of the child whether the child consented to the detention or not; or (b) if the p�rson is of, or above the age of, sixteen years and 1s so detained against the person's will or against the will of the person's father or mother or of any person having the lawful care or charge of that person. (5) Any person authorised by warrant under this section to search for any child or person so detained as aforesaid may enter if need be by force, any house, building or other place mentioned in the warrant, and may remove such child or person from there.

Section 145Verify source

§ 146(I) A person whoOffence

A person who lives on prostitution earnings or persistently solicits in public for immoral purposes commits a felony and may be imprisoned for up to 15 years.

146. (I) A person who- ( a) knowingly lives wholly or in part on the earnings of prostitution; or (b) in any public place, persistently solicits or importunes for immoral purposes; commits a fel ony and i s l iable, upon conviction, to imprisonment for a term not exceeding fifteen years: Provided that a child who commits an offence under subsection i s liable to such community service or counselling as the court may determine in the best interests of the child. (2) Where a person is proved to live with or to be habitually in the company of a prostitute or is proved to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that the person is aiding, abetting or compelling the prostitution with any other person, or generally, that person shall, unless the person shall satisfy the court to the contrary, be deemed to be knowingly living on the earnings of prostitution. Person living on earnings of prostitution or persistently soliciting

Section 146Verify source

§ 147(I) Every person who Imowingly lives wholly or inRepeal

It is an offence to knowingly live on another person’s prostitution earnings, to control a prostitute’s movements for gain in a way that aids or compels prostitution, or to compel a child to become a prostitute.

147. (I) Every person who Imowingly lives wholly or in part on the earnings of the prostitution of another or who is proved to have, for the purpose of gain, exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting Person living on aiding, etc., prostitution of another for gain 76 No. 15 of 2005] Penal Code (Amendment) Repeal and replacement of sections 149 to 1 53 Brothels or compelling that person's prostitution with any other person, or generally, commits a felony and is liable, upon conviction, to imprisonment for a term not exceeding fifteen years. (2) Where a person compels a child to become a prostitute that person commits an offence and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and may be liable to imprisonment for life.

Section 147Verify source

Part

part on the earnings of the prostitution of another or who is

§ 6The principal Act is amended by the repeal of sections oneRepeal

This section amends the principal Act by repealing sections 149 to 153 and replacing them with new text.

6. The principal Act is amended by the repeal of sections one hundred and forty-nine to one hundred and fifty-three and the substitution therefor of the following:

Section 6Verify source

§ 149Any person who keeps a house, room, set of rooms,Provision

A person who keeps a house, room, set of rooms, or any other place for prostitution commits a felony.

149. Any person who keeps a house, room, set of rooms, or place of any kind whatsoever for purposes of prostitution commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and not exceeding twenty five years.

Section 149Verify source

§ 150Any person who conspires with another person toProvision

The provision makes it a felony to conspire to use false pretences or fraudulent means to cause unlawful carnal knowledge, and to unlawfully use poison, force, or other means to procure a miscarriage.

150. Any person who conspires with another person to induce any person or child, by means of any false pretence or other fraudulent means, to permit any other person to have unlawful carnal knowledge of such person or child, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and may be liable to imprisonment for life. 1 5 1 . Any person who, with intent to procure the miscarriage of a woman or female child, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatsoever, commits a felony and is liable, upon conviction, to imprisonment for a term no exceeding seven years.

Section 150Verify source

§ 152( I ) Every woman being pregnant who, with intentAmendment

Pregnant women and female children who try to cause their own miscarriage by unlawful means commit an offence, with a 14-year prison term for pregnant women and court-determined community service or counselling for female children.

152. ( I ) Every woman being pregnant who, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used, commits a felony and is liable, upon conviction, to imprisonment for a term of fourteen years. Conspiracy to defile Attempts to procure abortion Abortion by pregnant woman or female child ------ Penal Code (Amendment) [No. 15 of 2005 77 (2) Any female child being pregnant who, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing or uses any force of any kind commits an offence and is liable to such community service or counselling as the court may determine, in the best interests of the child: Provided that where a female child is raped or defiled and becomes pregnant the pregnancy may be terminated in accordance with the Termination of Pregnancy Act.

Section 152Verify source

§ 153Any person who unlawfully supplies to or procur�sProvision

A person who knowingly supplies or procures anything for unlawful use in causing a miscarriage commits a felony and may be imprisoned for up to 14 years.

153. Any person who unlawfully supplies to or procur�s for any person any thing whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman or female child, whether she is or is not with child, commits a felony and is liable, upon conviction, to imprisonment for a term not exceeding fourteen years.

Section 153Verify source

§ 7Section one hundred and fifty-five of the principal Act isSubstitution

This section amends section 155 to increase the penalty for the stated felony from 14 years to at least 15 years, with possible life imprisonment; the listed child-related conduct carries at least 25 years and may also carry life imprisonment.

7. Section one hundred and fifty-five of the principal Act is amended by the deletion of the words " is guilty of a felony and is liable to imprisonment for fourteen years " and the substitution therefor of the words " commits a felony and is liable, upon conviction, to imprisonment for a term not less than fifteen years and may be liable to imprisonment for life: Provided that where a person- (i) bas carnal knowledge of a child against the order of nature; (ii) causes a child to have carnal knowledge of an animal; or (iii) permits a male person to have carnal knowledge of a male or female child against the order of nature; that person connnits an offence and is liable, upon conviction, to imprisonment for not less than twenty-five years and may be liable to imprisonment for life ."

Section 7Verify source

§ 8The principal Act is amended by the repeal of sections oneRepeal

The principal Act is amended by repealing sections 156 to 161 and replacing them with new text.

8. The principal Act is amended by the repeal of sections one hundred and fifty-six to one hundred and sixty-one and the substitution therefor of the following:

Section 8Verify source

§ 156Any person who attempts to commit any of theRepeal

Anyone who tries to commit an offence listed in section 155 commits a felony and can be imprisoned if convicted.

156. Any person who attempts to commit any of the offences specified in section one hundred and fifty-five commits a felony and i s liable, upon conviction, to imprisonment for a term of not less than seven y�ars but not exceeding fourteen years. Cap. 304 Supplying drugs or instruments to procure abortion Amendment of section 155 Repeal and replacement of sections 156 to 1 6 1 Attempt to commit unnatural offences 78 No. 15 of 2005) Penal Code (Amendment) Harmful cultural practice Indecent practices between persons of the same sex Incest

Section 156Verify source

§ 157( 1 ) Any person who conducts or causes to beProvision

A person who conducts or causes a harmful cultural practice on a child commits a felony and faces at least 15 years in prison, with possible life imprisonment.

157. ( 1 ) Any person who conducts or causes to be conducted a harmful cultural practice on a child commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and may be liable to imprisonment for life. (2) In this section " harmful cultural practice " includes sexual cleansing, female genital mutilation or an initiation ceremony that results in injury, the transmission of an infectious or life threatening disease or loss of life to a child but does not include circumcision on a male child.

Section 157Verify source

§ 158( 1 ) Any male person who, whether in public orAmendment

Section 158 criminalizes gross indecency involving male or female persons and same-sex child conduct, and sets imprisonment or child-focused sanctions.

158. ( 1 ) Any male person who, whether in public or private, commits any act of gross indecency with a male chi]d or person, or procures a male child or person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male child or person, whether in public or private, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years and not exceeding fourteen years. (2) Any female person who, whether in public or private, commits any act of gross indecency with a female child or person, or procures a female chi]d or person to commit any commit any act of gross indecency with her, or attempts to procure the commission of any such act by any female person with herself or with another female child or person whether in public or private, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years and not exceeding fourteen years. (3) A child who whether in public or private, commits any act of gross indecency with another child of the same sex or attempts to procure the commission of any such act by any person with the child's self or with another child or person of the same sex, whether in public or private commits an offence and is liable, to such community service or counselling as the court may determine in the best interests of the child. 1 59. ( 1 ) Any male person who has carnal Irnowledge of a female person who is to that person's Imowledge his grand mother, mother, sister, daughter, grand-daughter, aunt or niece � om?'1its a fe lony and i s liable, upon c onviction, to tmpnsonment for a term of not less than twenty years and may be liable to imprisonment for life. _J Penal Code (Amendment) \No. 15 of 2005 79 _ �l) Any female 1)erson who has carnal knowledge of a ma\e -person who is to tb.at -person's knowledge her grand fatb.et, father, brotb.er, son, grandson, uncle or nephew commits a fe\on-y and is liable , u11on conviction, to tm\)nsonment for a tetm of not less than twenty years and ma-y be \iab\e to im-prisonment for life. (.3) "For tbe l)Ut\)Oses of this section, it is immaterial that tb.e cama\ \mow\edge was bad witb tbe consent of the other \)etson. ( L\) A.n'j l)etson who attem\)ts to commit incest commits a fo\ony and is \iab\e to im1)risonment for a term of not less fuan ten years and not exceeding twenty-five years.

Section 158Verify source

§ 160On the conviction before any court of any 1)erson Order forOffence

If a person is convicted of an offence under section 159, or of an attempt against a child, the court may take away that person’s authority over the child and, if the person is the guardian, remove them as guardian.

160. On the conviction before any court of any 1)erson Order for ot an offence under section one hundred and fifty-nine, or of guardianship an attempt to commit the same, against any child it shall be in. fue-power of the court to divest the offender of all authority o er sucb. child, and, if fue offender is the guardian of such chlld, to remove tb.e off ender from such guardianship, and in any sucb. case to appoint any person or persons to be the guanlian or guardians of such child during the child's minority or any less -period: "Provided that the High Court may at any time vary or rescind tb.e order by the a-p-pomtment of any other person as sucb. guardian or in any other res-pect.

Section 160Verify source

§ 161(\ Y Any female -person of or above the age of sixteen Consent toAmendment

161. (\ Y Any female -person of or above the age of sixteen Consent to years who with consent -permits her grandfather, father, incest brother, uncle, ne-pbew, son or grandson to have carnal \mow ledge of her knowing him to be her grandfather, father, brother, uncle, son, ne-pbew, or grandson, as the case may be, commits a felony and liable , u-pon conviction, to imprisonment for a term of not \ess than twenty years and may be liable to im-prisonment for life: 'Provided that a female child who commits an offence under this subsection is liable to such community service or counselling as the court may determine in the best interests of the chlld. (2) . An':/ male -person of or above the age of sixteen years wbo :w1tb consent -permits bis grandmother, mother, sister, aun.tle, daughter, niece or grand-daughter to have carnal 80 No. 15 of 2005] Penal Code (Amendment) knowledge of him knowing her to be his grandmother, mother, sister, auntie, daughter, niece or grand-daughter, as the case may be, commits a felony and is liable, upon conviction, to s than twenty years and imprisonment for a term of not les _ may be liable to imprisonment for hfe: Provided that a male child who commits an offence under this subsection is liable to such community service or counselling as the court may determine in the best interests of the child.

Section 161Verify source

§ 9Section one hundred and sixty-two of the principal Act isSubstitution

This provision amends section 162 of the principal Act and inserts a new section 164A.

9. Section one hundred and sixty-two of the principal Act is amended by- (a) the deletion of the word " and " between " half-brother " and " half-sister " and the substitution therefor of a comma; and (b) the addition after " half-sister " of a comma and the words: " step-brother, step-sister, adoptive brother and adoptive sister. " Amendment of section 162 Insertion of new section 164A 1 O. The principal Act is amended by the insertion immediately after section one hundred and sixty-four of the following new section:

Section 9Verify source

§ 164A( 1 ) A person shall not without the consent, inRepeal

A person must not disclose information learned in the course of duty about offences under this Part, except with written consent or in the course of duty.

164A. ( 1 ) A person shall not without the consent, in Prohibition of disclosure writing, given by or on behalf of a child or person publish or of disclose to any person otherwise than in the course of duty, information the contents of any documents, communication or information which relates to anq which has come to that person 's knowledge in the course of duty performed in relation to offences under this Part, including the handling, medical treatment or counselling of victims. (2) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine of not less than fifty thousand penalty units or to imprisonment for six months, or to both. Repeal and replacement of section 1 68

Section 164AVerify source

§ 11The principal Act is amended by the repeal of section oneRepeal

This section amends the principal Act by repealing section 168 and replacing it with new text titled “Desertion of child.”

11. The principal Act is amended by the repeal of section one hundred and sixty-eight and the substitution therefor of the following: Desertion of child

Section 11Verify source

§ 168Any person who being the parent, guardian or otherRepeal

A parent, guardian, or similar caregiver who wilfully deserts a child and leaves the child without support commits an offence.

168. Any person who being the parent, guardian or other person having the lawful care or charge of a child being able to maintain such child, wilfully and without lawful or reasonable cause deserts the child and leaves it without means Penal Code ( Amendment) [No. 15 of 2005 81 Repeal and replacement of section 1 69 Neglecting to provide food etc. for children Insertion of new section 177A Child pornography of support commits an offence and is liable, upon conviction, for a first offence to imprisonment for a term not exceeding three years, or for a subsequent offence to imprisonment for a term not exceeding seven years.

Section 168Verify source

§ 12The principal Act is amended by the repeal of section oneRepeal

This section amends the principal Act by repealing section 169 and replacing it with new text.

12. The principal Act is amended by the repeal of section one hundred and sixty-nine and the substitution therefor of the following:

Section 12Verify source

§ 169Any person who being theOffence

A parent, guardian, or person in charge of a child who cannot provide for itself must not, when able to do so, refuse or wilfully neglect to provide enough food, clothes, bedding, or other necessities if this injures the child’s health.

169. Any person who being the (a) parent; (b) guardian; or (c) person in charge; of a child that is unable to provide for itself, refuses or wilfully neglects to provide, being able to do so, sufficient food, clothes, bedding or other necessities for such child, and thereby injures the health of such child, commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding three years or- to both.

Section 169Verify source

§ 13The principal Act is amended by the insertion immediatelyAmendment

13. The principal Act is amended by the insertion immediately after section one hundred and seventy-seven of the new section: 1 77 A. ( 1) Any person who engages a child or other person- (a) in a pornographic performance; (b) in the production of a pornographic film or other material; or (c) in a pornographic activity of any nature; commits an offence and is liable, upon conviction, to a term of imprisonment of not less than fifteen years and may be liable to imprisonment for life. (2) Any person who- (a) sells to a child pornographic material; (b) compels a child to watch a pornographic film or view pornography on the internet or elsewhere or in any form intended to corrupt a child's morals; commits an offence and is liable, upon conviction, to a term imprisonment of not less than fifteen years. 82 No. 15 of 2005) Penal Code (Amendment) (3). A child who commi�s an of!ence under subsection (2) is liable, to such community serv.tce or counselling as the court may determine in the best interests of the child.

Section 13Verify source

§ 14The principal Act is amended by the insertion immediatelyAmendment

This section amends the principal Act by adding a new section after section 248.

14. The principal Act is amended by the insertion immediately after section two hundred and forty-eight of the following new section:

Section 14Verify source

§ 248AAny person who commits an assault or battery onOffence

A person who assaults or batters a child and causes actual bodily harm commits an offence and may be imprisoned for 5 to 10 years on conviction.

248A. Any person who commits an assault or battery on a child occasioning actual bodily harm commits an offence and is liable, upon conviction, to a term of imprisonment of not less than five years and not exceeding ten years. Insertion of new section 248A Assault or battering of child

Section 248AVerify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

and replacement of sections 156 to 1 6 1 Attempt to commit unnatural offences 78 No. 15 of 2005) Penal Code
Section 156

N–S

5 instruments

of section one This section amends the principal Act
Sections 11, 12
of sections one The principal Act
Section 8
of sections one This section amends the principal Act
Sections 3, 5, 6
Pregnancy Act
Section 152
principal Act
Sections 2, 9, 14

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