Revised Laws of Saint Lucia (2021)

10.   Aggravated circumstances

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   (1)   As factually appropriate, the following adjustments to the sentence of persons convicted of the crime of trafficking in persons may apply—

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      (a)     if the convicted person used, threatened to use, or caused another to use or threaten to use a dangerous weapon, 2 years may be added to the sentence;

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      (b)     if a trafficked person suffers a serious bodily injury, or if the convicted person commits a sexual assault against the trafficked person, 2 years may be added to the sentence;

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      (c)     if the trafficked person had not attained the age of 18 years of age, 5 years may be added to the sentence;

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      (d)     if, in the course of trafficking, or subsequent exploitation, the convicted person recklessly caused the trafficked person to be exposed to a life threatening illness, or if the convicted person intentionally caused a trafficked person to become addicted to any drug or medication, 5 years may be added to the sentence;

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      (e)     if a trafficked person suffers a permanent or life-threatening injury, 10 years may be added to the sentence;

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      (f)     if the trafficking was part of the activity of an organized criminal group, 3 years may be added to the sentence;

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      (g)     if the trafficking was part of the activity of an organized criminal group and the convicted person organized the group or directed its activities, 5 years may be added to the sentence;

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      (h)     if the trafficking occurred as the result of abuse of power or of a position of authority, including but not limited to a parent or guardian, teacher, children's club leader, or any other person who has been entrusted with the care or supervision of the child, 4 years may be added to the sentence.

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   (2)   In this section—

“dangerous weapon” means—

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   (a)     an instrument capable of inflicting death or serious bodily injury; or

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   (b)     an object that is not an instrument capable of inflicting death or serious bodily injury but—

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      (i)     closely resembles such an instrument, or

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      (ii)     is used in such a way that it creates the impression that the object is an instrument capable of inflicting death or serious bodily injury;

“life-threatening illness” means any illness that involves a substantial risk of death, and includes Human Immune Deficiency Virus Infection and tuberculosis;

“permanent or life-threatening bodily injury” means—

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   (a)     injury involving a substantial risk of death, loss or substantial impairment of the function of a bodily member, organ or mental faculty that is likely to be permanent; or

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   (b)     an obvious disfigurement that is likely to be permanent; or

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   (c)     maltreatment to a life-threatening degree, such as by denial of food or medical care that results in substantial impairment of function;

“serious bodily injury” means injury involving extreme physical pain or the protracted impairment of a function of a bodily member, organ or mental faculty or requiring medical intervention such as surgery, hospitalization or physical rehabilitation;

“sexual assault” means causing another to engage in a sexual act by using force against that person, threatening or placing that person in fear that any person will be subjected to death, serious bodily injury, or kidnapping, and engaging in a sexual act with an incapacitated person, or a person who cannot express consent or with a minor that constitutes statutory rape.