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Penal Code (Amendment) Act 2016

REPUBLIC OF VANUATU

PENAL CODE (AMENDMENT)
ACT NO. 15 OF 2016

Arrangement of Sections

REPUBLIC OF VANUATU

Assent: 20/12/2016
Commencement: 24/02/2017

PENAL CODE (AMENDMENT)
ACT NO. 15 OF 2016

An Act to amend the Penal Code Act [CAP 135].

Be it enacted by the President and Parliament as follows-

1. Amendment

The Penal Code Act [CAP 135] is amended as set out in the Schedule.

2. Commencement

This Act commences on the day on which it is published in the Gazette.

SCHEDULE

AMENDMENTS OF THE PENAL CODE ACT [CAP 135]

1. Section 92

Delete “10”, substitute “12”

2. After section 92

Insert

“92A Abduction of a person under 18 years of age

(1) A person must not take or cause to be taken an unmarried person under the age of 18 years out of the possession and against the will of his or her father or mother or guardian or any other person having the lawful care or charge of him or her with the intention:

(a) of having sexual intercourse with the person; or

(b) to cause the person to have sexual intercourse with any other person.

(2) A person who contravenes subsection (1) commits an offence punishable on conviction to a term of imprisonment not exceeding 7 years.”

3. Subsection 95(2)

Delete “10”, substitute “15”

4. After subsection 95(3)

Insert

“(4) A person must not commit incest consensually with a person over the age of 16 years.

(5) A person who contravenes subsection (4) commits an offence punishable on conviction to a term of imprisonment not exceeding 15 years.

(6) A person must not commit incest without consent with a person over the age of 16 years.

(7) A person who contravenes subsection (6) commits an offence punishable on conviction to a term of imprisonment not exceeding 20 years.

(8) A person must not commit incest with a person under the age of 16 years.

(9) A person who contravenes subsection (8) commits an offence punishable on conviction to life imprisonment.”

5. Subsection 97(1)

Delete “14 years”, substitute “life”

6. Subsection 97(2)

Delete “5”, substitute “15”

7. Paragraph 107(a)

Delete “3 months”, substitute “1 year”

8. Paragraph 107(b)

Delete “1 year”, substitute “5 years”

9. Paragraph 107(c)

Delete “5”, substitute “10”

10. Paragraph 107(d)

Delete “10”, substitute “14”