115B. Migrant Smuggling
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(1) A person shall not intentionally and in order to obtain, directly or indirectly, a financial or other material benefit—
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(a) smuggle a migrant;
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(b) when committed for the purpose of enabling the smuggling of migrants—
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(i) produce a fraudulent travel or identity document,
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(ii) procure, provide or possess such a document;
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(c) enable a person who is not a national or a permanent resident to remain in Saint Lucia without complying with the necessary requirements for legally remaining in Saint Lucia by the means mentioned in paragraph (b) or any other illegal means.
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(2) A person who contravenes subsection (1) commits an offence and is liable on conviction on indictment to imprisonment for 10 years.
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(3) A person who—
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(a) participates as an accomplice in an offence;
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(b) organizes or directs other persons to commit an offence,
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commits an offence under this section and is liable on conviction on indictment to imprisonment for 5 years.
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(4) The following are aggravating circumstances to the offences created under this section—
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(a) that the circumstances endanger, or are likely to endanger, the lives or safety of the migrants concerned; or
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(b) that the circumstances entail inhuman or degrading treatment, including exploitation of such migrants.
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(5) In this section—
“smuggling of migrants” means the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into Saint Lucia of which the person is not a national or a permanent resident;
“illegal entry” means crossing borders without complying with the necessary requirements for legal entry into Saint Lucia;
“fraudulent travel or identity document” means any travel or identity document—
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(a) that has been falsely made or altered in some material way by anyone other than a person or agency lawfully authorized to make or issue the travel or identity document on behalf of Saint Lucia;
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(b) that has been improperly issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or
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(c) that is being used by a person other than the rightful holder.
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(Inserted by Act 2 of 2010)