Modern Slavery Bill

to be moved
on report

After Clause 1





Insert the following new Clause—

“Offence of child exploitation

(1)     A person who exploits a child commits an offence.

(2)     Where the exact age of the child cannot be determined, it shall nonetheless
be an offence under subsection (1) to exploit a person if the accused
believed, or had reasonable grounds for believing, that the person
exploited was under 18.

(3)     It shall be an offence even if there was no threat or use of violence, or other
form of coercion, deception or any abuse of a position of vulnerability.

(4)     Exploitation means the exploitation of the prostitution of others or other
forms of sexual exploitation, forced labour or services, including begging,
slavery or practices similar to slavery, servitude, or the exploitation of
criminal activities, or the removal of organs.

(5)     A child may be in a situation of exploitation whether or not—

(a)   escape from the situation is practically possible for the child; or

(b)   the child has attempted to escape from the situation.

(6)     Where the person exploited is a child, the consent or apparent consent to
the exploitation of the child, or of any person having lawful authority over
the child, is irrelevant.”

Prepared 3rd February 2015