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Crimes Act – 2013

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rangement of Provisions

PART I
PRELIMINARY

1. Short title and
commencement
2. Interpretation

PART II
JURISDICTION

3. Meaning of Samoa
4. Application
5. Persons not to be tried in
respect of things done outside
of Samoa
6. Place of commission of
offence
7. Jurisdiction in respect of
crimes on ships or aircraft
beyond Samoa
8. Extraterritorial jurisdiction for
offences with transnational
aspects
9. Offences not to be punishable
except under Samoan Acts
10. Offence under more than one
enactment
PART III
MATTERS OF
JUSTIFICATION
OR EXCUSE

11. General rule as to
justifications
12. Infancy
13. Insanity
14. Compulsion
15. Ignorance of the law
16. Consent to death
17. Self-defence
18. Defence of dwellinghouse
19. Defence of land or building
20. Defence of moveable
property
21. Excessive force

PART IV
JUSTIFICATION OR EXCUSE
IN THE ARREST OF ANY
PERSON

22. Execution of warrant
23. Arrest by a constable pursuant
to statutory powers

2 Crimes 2013, No. 10
24. Arrest by a constable of
person believed to have
committed an offence
25. Arrest by other officers or
persons pursuant to statutory
powers
26. Persons assisting constable or
officer in arrest
27. Arrest of persons found
committing certain crimes
28. Arrest of person believed to
be committing crime by night
29. Arrest after commission of
certain crimes
30. Arrest during flight
31. Force used in executing
process
32. Preventing escape or rescue

PART V
PARTIES TO THE
COMMISSION OF
THE OFFENCES

33. Parties to offences
34. Party to crime outside Samoa
35. Party to offences other than
that intended
36. Accessory before the fact
37. Accessory after the fact
38. Conspiracy to commit offence
39. Attempt to commit or procure
commission of offence

PART VI
CRIMES AGAINST
PUBLIC ORDER

40. Treason
41. Inciting to hostility
42. Unlawful assembly
43. Disorderly assembly
44. Riot
45. Forcible entry
46. Unlawful intimidation
47. General dishonesty against
the Government

PART VII
SEXUAL CRIMES

48. “Sexual intercourse” defined
49. “Sexual violation” defined
50. “Sexual connection” defined
51. Circumstances which do not
in themselves amount to
consent
52. Penalty for sexual violation
53. Attempted sexual violation
and assault with intent to
commit sexual violation
54. Sexual conduct with consent
induced by threats
55. Incest
56. Sexual conduct with a family
member
57. “Dependent family member”
defined
58. Sexual conduct with child
under 12
59. Sexual conduct with young
person under 16
60. Indecent assault
61. Defence to charge under
section 59
62. Using threats of intimidation
for the purpose of sexual
conduct
63. Sexual conduct with severely
intellectually disabled person
64. Voyeurism
65. Adultery by married persons
66. Adultery with married person
67. Sodomy
68. Attempts to commit sodomy

PART VIII
CRIMES AGAINST
PUBLIC WELFARE

69. Criminal nuisance

2013, No. 10 Crimes 3
70. Brothel keeping
71. Keeping place of resort for
homosexual acts
72. Prostitution
73. Solicitation
74. Living on earnings of
prostitution
75. Procuring sexual intercourse
76. Indecent act in a public place
77. Indecent act with intent to
insult or offend
78. Bigamy
79. Feigned marriage
80. Misconduct in respect of
human remains
81. Distribution or exhibition of
indecent matter
82. Publication, Distribution or
exhibition of indecent
material on child

PART IX
CRIMES AGAINST
THE PERSON

Division 1
Homicide

83. Standard of care required of
persons under legal duties
84. Duty to provide the
necessaries of life
85. Duty of parent or guardian to
provide necessaries
86. Abandoning child under 6
years
87. Duty of persons doing
dangerous acts
88. Duty of persons in charge of
dangerous things
89. Duty to avoid omissions
dangerous to life
90. Homicide defined
91. Killing of a child
92. Culpable homicide
93. Death must occur within a
year and a day
94. Killing by influence on the
mind
95. Acceleration of death
96. Causing death that might have
been prevented
97. Causing injury the treatment
of which causes death
98. Indirect cause of death
99. Murder defined
100. Further definition of
“murder”
101. Provocation
102. Manslaughter
103. Punishment of murder
104. Attempt to murder
105. Counselling or attempt to
procure murder
106. Conspiracy to murder
107. Accessory after the fact to
murder
108. Punishment of manslaughter
109. Killing unborn child
110. Infanticide

Division 2
Abortion

111. “Miscarriage” defined
112. Procuring abortion by any
means
113. Female procuring her own
miscarriage
114. Supplying means of procuring
abortion
115. Effectiveness of means used
immaterial
116. Meaning of “unlawfully”
117. Concealing dead body of a
child
PART X
ASSAULTS AND INJURIES
TO THE PERSON

118.Causing serious bodily injury
with intent
119. Causing injury

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120. Injuring by reckless
endangerment
121. Injuring in the course of
criminal conduct
122. Aggravated assault
123. Common assault
124. Disabling
125. Setting traps
126. Impeding rescue
127. Using firearm against law
enforcement officer
128. Using firearm in commission
of crime
129. Threats to kill or do grievous
bodily harm
130. Kidnapping
131. Abduction of child under 16
years

PART XI
CRIMES AGAINST
THE ADMINISTRATION
OF JUSTICE

132. Interpretation
133. Judicial corruption
134. Bribery of judicial officer etc
135. Corruption and bribery of a
Minister of the Government
of Samoa
136. Corruption and bribery of
member of Parliament
137. Corruption and bribery of law
enforcement officer
138. Corruption and bribery of
official
139. Perjury
140. Fabricating evidence
141. Conspiring to defeat justice
142. Breaking prison
143. Escape
144. Rescue
145. Threatening words or
behaviour to member of
Parliament or Officer
PART XII
ORGANISED CRIME,
CORRUPTION AND
TRANSNATIONAL
OFFENDING

146.Participating in organised
criminal group
147. Corrupt use of official
information
148. Use or disclosure of personal
information
149. Bribery of foreign public
official – definitions
150. Bribery in Samoa of foreign
public official
151. Bribery outside Samoa of
foreign public official
152. Exception for lawful acts in
country of foreign public
official

PART XIII
SMUGGLING AND
TRAFFICKING IN PEOPLE

153. Terms used in this Part of the
Act
154. Smuggling migrants
155. Trafficking in people by
means of coercion or
deception
156. Aggravating factors
157. Dealing in people under 18
for sexual exploitation,
removal of body parts, or
engagement in forced labour
158. Attorney General’s consent to
prosecutions required

PART XIV
CRIMES AGAINST THE
RIGHTS OF PROPERTY

159. Interpretation
160. Matters of ownership


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161. Theft or stealing
162. Theft by person in special
relationship
163. Theft of animals
164. Theft by spouse or partner
165. Punishment of theft
166. Ineffectual defences to charge
of theft
167. Receiving
168. Punishment of receiving
169. Dishonestly taking or using
document
170. Criminal breach of trust
171. Taking, obtaining or copying
trade secrets
172. Obtaining by deception or
causing loss by deception
173. Punishment of obtaining by
deception or causing loss by
deception
174. Burglary
175. Aggravated Burglary
176. Robbery
177. Aggravated Robbery
178. Unlawful entry of building by
night
179. Assault with intent to rob
180. Demanding with intent to
steal etc
181. Blackmail

PART XV
CRIMES INVOLVING
DAMAGE OR DANGER TO
PROPERTY OR TRANSPORT

182. Arson
183. Attempted Arson
184. Intentional Damage
185. Endangering transport
186. Causing disease or sickness
in animals
187. Contaminating food, crops,
water or other products
PART XVI
THREATENING HARM TO
PERSONS OR PROPERTY

188. Threatening to kill or do
grievous bodily harm
189. Threatening to destroy
property
190. Threats of harm to people or
property
191. Threatening acts
192. Conspiring to prevent
collection of rates or taxes
PART XVII
FORGERY AND FALSE
DOCUMENTS

193. Interpretation
194. Forgery
195. Using forged documents
196. Altering, concealing,
destroying, or reproducing
documents with intent to
deceive
197. Using altered or reproduced
documents with intent to
deceive
198. False accounting
199. Counterfeiting public seals
200. Counterfeiting corporate seals
201. Possessing forged bank notes
202. Paper or implements for
forgery
203. Imitating authorised or
customary marks
204. Offences involving coinage

PART XVIII
CRIMES INVOLVING
ELECTRONIC SYSTEMS

205. Interpretation
206. Accessing electronic system
without authorisation


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207. Accessing electronic system
for dishonest purpose
208. Illegal remaining in an
electronic system
209. Illegal interception
210. Damaging or interfering with
electronic data
211. Illegal acquisition of
electronic data
212. Illegal system interference
213. Illegal devices
214. Making, selling, distributing
or possessing software for
committing a crime
215. Identity fraud
216. Forgery of electronic data
217. SPAM
218. Solicitation of children
219. Harassment utilising means
of electronic communication
220. Consequential amendments
to the Telecommunications
Act 2005

PART XIX
MISCELLANEOUS
PROVISIONS

221. Consent of Attorney General
to prosecution
222. Contempt of Court
223. Regulations
224. Repeal of the Crimes
Ordinance 1961
225. Proceedings pursuant to the
repealed Ordinance
226. Repealed Ordinance continue
to have effect
227. Consequential amendments
228. Savings and transitional
provisions

__________

2013, No. 10

AN ACT to regulate crimes in Samoa, to repeal the Crimes
Ordinance 1961 and consequently amend other Acts, and
for related purposes. [5th
April 2013]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be cited
as the Crimes Act 2013.
(2) This Act commences on a date or dates to be nominated
by the Minister.

2013, No. 10 Crimes 7

2. Interpretation - In this Act unless the contrary intention
appears:
“Aircraft” means the meaning given it in the Civil Aviation
Act 1998;
“Assault” means the act of intentionally applying or
attempting to apply force to the person of another,
directly or indirectly, or threatening by any act or gesture
to apply such force to the person of another, if the person
making the threat has, or causes the other to believe on
reasonable grounds that he or she has, present ability to
effect his purpose; and to assault has a corresponding
meaning;
“building” means any building, erection or structure of any
kind, whether permanent or temporary, and includes any
dwelling, fale, warehouse, shop, office, store, caravan or
other premises of any kind;
“constable” or “officer” or “police officer” means a sworn-
member under the Police Service Act 2009;
“court” includes the Supreme Court or the District Court of
Samoa;
“crime” means any offence for which a person may be
proceeded against under this Act;
“crime involving dishonesty” means a crime against the rights
of property under Part XIV;
“criminally responsible” means liable to punishment for an
offence;
“day” means the interval between 6 o’clock in the morning of
any day and 9 o’clock at night of the same day;
“enactment” includes the Constitution of Samoa and any Act,
Ordinance, By-law, Regulation or Order;
“firearm” means any weapon to which the provisions of the
Arms Ordinance 1960 apply;
“for a material benefit”, in relation to doing a thing, means:
(a) after having obtained a material benefit for doing the
thing; or
(b) intending to obtain a material benefit for doing the
thing.
“grievous bodily harm” means serious bodily harm;

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“medical practitioner” has the same meaning as in the
Medical Practitioners Act 2007;
“Minister” means the Minister responsible for police;
“night” means the interval between 9 o’clock at night and 6
o’clock in the following morning;
“obtain a material benefit” in relation to doing or omitting to do
a thing, means obtain, directly or indirectly, any goods,
money, pecuniary advantage, privilege, property, or other
valuable consideration of any kind for doing the thing (or
taking an action that forms part of doing the thing);
“offence” means any act of omission for which a person can be
punished under this Act or under any other enactment;
“property” includes real and personal property, and any estate
or interest in any real or personal property, money,
electricity and any debt, and anything in action, and any
other right or interest;
“prosecutor” means:
(a) the Attorney General or a prosecutor acting under the
Attorney General’s direction; or
(b) a Constable prosecuting any offence; or
(c) a private prosecutor.
“ship” means every description of vessel used in navigation,
however propelled; and includes any schooner, cutter,
launch, yacht, boat, barge, lighter, dinghy, paopao, raft or
little vessel;
“to injure” means to cause actual bodily harm but not
psychological or emotional harm;
“valuable security” means any document which constitutes a
title to or is evidence of title to any property or
proprietary right of any kind whatever; and includes any
negotiable instrument, bill of exchange or promissory
note.
(2) When it is provided in this Act that a person is liable to
any punishment for doing or omitting any act, the person doing
or omitting that act is, subject to the provisions of this Act,
commits of a crime.

2013, No. 10 Crimes 9

PART II
JURISDICTION

3. Meaning of Samoa - Without limiting the provisions of
any other enactment, “Samoa” means the islands of Upolu, Savai’i,
Manono and Apolima in the South Pacific Ocean together with all
other adjacent islands and lying between the 13th and 15
th degrees
of south latitude and the 171st and 173
rd degrees of south longitude
west of Greenwich; and includes all waters within the outer limits
of the territorial sea of Samoa (as defined in the Maritime Zones
Act 1999) and the exclusive economic zone of Samoa (as defined
in the Maritime Zones Act 1999).

4. Application-(1) This Act applies to all offences for which
the offender may be proceeded against and tried in Samoa.
(2) This Act applies to all acts done or omitted in Samoa.
(3) Subject to subsection (4), no act done or omitted outside of
Samoa is an offence unless it is an offence by virtue of any
provision of this Act or of any other enactment.
(4) For the purpose of jurisdiction, where any act or omission
forming part of any offence, or any event necessary to the
completion of any offence, occurs in Samoa, the offence shall be
deemed to be committed in Samoa, whether the person charged
with the offence was in Samoa or not at the time of the act,
omission, or event.
(5) The Court of Appeal, the Supreme Court and the District
Court shall have jurisdiction to hear and determine any matter for
which this Act or any other law provides such court with
jurisdiction irrespective of whether any act or omission or event
occurs in Samoa or any other place.

5. Persons not to be tried in respect of things done outside
of Samoa - Subject to the provisions of section 6, no act done or
omitted outside Samoa is an offence, unless it is an offence by
virtue of any provision of this Act or of any other enactment.
6. Place of commission of offence - For the purpose of
jurisdiction, where any act or omission forming part of any
offence, or any event necessary to the completion of any offence,

10 Crimes 2013, No. 10

occurs in Samoa, the offence shall be deemed to be committed in
Samoa, whether the person charged with the offence was in Samoa
or not at the time of the act, omission, or event.
7. Jurisdiction in respect of crimes on ships or aircraft
beyond Samoa-(1) This section applies to any act done or
omitted beyond Samoa by any person:
(a) on board any Samoan registered ship; or
(b) on board any Samoan aircraft; or
(c) on board any ship or aircraft, if that person arrives in
Samoa on that ship or aircraft in the course or at
the end of a journey during which the act was
done or omitted; or
(d) being a citizen of Samoa, on board any foreign ship
(not being a ship to which he or she belongs) on
the high seas; or
(e) being a Samoan citizen or a person ordinarily resident
in Samoa, on board any aircraft provided that
paragraph (c) does not apply where the act was
done or omitted by a person, not being a citizen of
Samoa, on any ship or aircraft for the time being
used as a ship or aircraft of any of the armed
forces of any country; or
(f) being a Samoan citizen or a person ordinarily resident
in Samoa, on board any ship or aircraft as a
servant or an officer of the Government of Samoa.
(2) Where any person does or omits any act to which this
section applies, and that act or omission would, if it occurred
within Samoa, be a crime under this Act or under any other
enactment (whether that enactment was passed before or after the
commencement of this Act), then, subject to the provisions of
this Act and of that other enactment, he or she shall be liable on
conviction as if the act or omission had occurred in Samoa:
provided that where any proceedings are taken by virtue of
the jurisdiction conferred by this section it shall be a defence to

2013, No. 10 Crimes 11

prove that the act or omission would not have been an offence
under the law of the country of which the person charged was a
national or citizen at the time of the act or omission, if it had
occurred in that country.
(3) Where at any place beyond Samoa any person who
belongs, or within three (3) months previously has belonged, to
any Samoan registered ship does or omits any act, whether on
shore or afloat, not being an act, or omission to which subsection
(1) applies, and that act or omission would, if it occurred within
Samoa, be a crime, then this section shall apply in respect of that
act or omission in the same manner in all respects as if it had
occurred on board a Samoan registered ship.
(4) This section shall be read subject to the provisions of
section 221.

8. Extraterritorial jurisdiction for offences with
transnational aspects-(1) Even if the acts or omissions alleged
to constitute the offence occurred wholly outside Samoa,
proceedings may be brought for any offence against this Act
committed in the course of committing any offence against the
Prevention and Suppression of Terrorism Act 2002, or an offence
against sections 146 to 152 and 154 to 157 of this Act, if the
person to be charged:
(a) is a Samoan citizen; or
(b) is ordinarily resident in Samoa; or
(c) has been found in Samoa and has not been extradited;
or
(d) is a body corporate, or a corporation sole,
incorporated under the law of Samoa.
(2) Even if the acts or omissions alleged to constitute the
offence occurred wholly outside Samoa, proceedings may be
brought for any offence against this Act, if the person to be
charged:
(a) is a Samoan citizen or an ordinary resident of Samoa;
and
(b) is outside of Samoa as an ambassador, diplomat,
representative, envoy, attaché or employee or
officer of the Government of Samoa.

12 Crimes 2013, No. 10

9. Offences not to be punishable except under Samoan
Acts - No one shall be convicted of any offence at common
law, or of any offence against any Act of the Parliament of
Samoa.
PROVIDED THAT nothing in this section limits or affects the
power of authority of the Legislative Assembly or of any Court
to punish for contempt.

10. Offence under more than one enactment-(1) Where an
act or omission constitutes an offence under this Act and under any
other Act, the offender may be prosecuted and punished either
under this Act or under that other Act.
(2) Where an act or omission constitutes an offence under two
(2) or more Acts other than this Act, the offender may be
prosecuted and punished under any one of those Acts.
(3) Where an act or omission constitutes an offence under two
(2) or more provisions of this Act or of any other Act, the offender
may be prosecuted under any one of those provisions.
(4) No one shall be liable to be punished twice in respect of the
same offence.
(5) Nothing in this Act shall take away or diminish any
authority given by any other enactment to arrest, detain, or put any
restraint on any person.

PART III
MATTERS OF JUSTIFICATION OR EXCUSE

11. General rule as to justifications-(1) All rules and
principles of the common law as are consistent with the
provisions of this Act and any other applicable enactment and
with the customs and usages of the people of Samoa recognised
and applied by the Court of Appeal, the Supreme Court or the
District Court which provides a justification or excuse for any act
or omission, or a defence to any crime under this Act or any
other enactment shall be applicable to any charge, except so far
as they are altered by or are inconsistent with this Act or any
other enactment.

2013, No. 10 Crimes 13

(2) The matters provided for in this Part are declared to be
justifications or excuses in the case of all charges to which they
are applicable.

12. Infancy-(1) No person shall be convicted of an offence in
relation to any act or omission done or omitted by him or her
when under the age of 10 years.
(2) No person shall be convicted of an offence in relation to
any act or omission done or omitted by him or her when of the
age of 10 years but under the age of 12 years, unless he or she
knew that the act or omission was morally wrong, or that it was
contrary to law.

13. Insanity-(1) A person shall be presumed to be sane at the
time of doing or omitting any act until the person proves on the
balance of probabilities that he or she was not sane to the extent
provided in subsection (2).
(2) A person is not criminally responsible for any act done or
omitted to be done when suffering from a mental defect or
mental disorder that renders the person incapable:
(a) of knowing what he or she is doing or omitting to do;
or
(b) of attributing to that act or omission the same moral
character that members of the community
generally would attribute to that act or omission.
(3) The fact that by virtue of this section any person has not
been or is not liable to be convicted of an offence shall not affect
the question whether any other person who is alleged to be a
party to that offence is guilty of that offence.
(4) Where upon the trial of any person that person is
acquitted on account of insanity, the Judge must order that the
person be examined by two (2) medical practitioners and the
following provisions apply:
(a) pending the receipt by the Judge of certificates from
the medical practitioners, the person must be
detained in one of the following places as the
Judge thinks appropriate -
(i) a private or public hospital; or
(ii) a prison facility;

14 Crimes 2013, No. 10

(b) when the Court has sufficient information on the
condition of a defendant acquitted on account of
his or her insanity, the Court must -
(i) consider all the circumstances of the
case; and
(ii) consider the evidence of the two (2)
medical practitioners; and
(c) if it is satisfied that the making of the order is
necessary in the interests of the public or any
person or class of persons who may be affected by
the Court’s decision.
(5) Despite anything in the Mental Health Act 2007 no
person subject to an order made under subsection (4)(a) shall be
released on leave or discharged from any institution without an
order of the Court that made the order detaining that person.

14. Compulsion-(1) Except in relation to the offences listed
in subsection (2), a person who commits an offence under
compulsion arising from threats of immediate death or serious
bodily harm from a person who is present when the offence is
committed is not criminally responsible if he or she:
(a) believes that the threat will be carried out; and
(b) is not a party to any association or conspiracy from
which the compulsion arises or was a foreseeable
consequence.
(2) Nothing in subsection (1) applies where one of the
following offences is committed:
(a) treason or communicating secrets;
(b) sabotage;
(c) piracy;
(d) piratical acts;
(e) murder;
(f) attempt to murder;
(g) wounding with intent;
(h) injuring with intent to cause grievous bodily harm;
(i) abduction;
(j) kidnapping;
(k) robbery;
(l) aggravated robbery;

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(m) arson;
(n) drug trafficking;
(o) people smuggling.

15. Ignorance of the law - No person is excused from
criminal liability by reason of the fact that he or she was unaware
that the act or omission constituted the offence with which the
person is charged was contrary to law.

16. Consent to death - No person has a right to consent to
the infliction of death upon himself or herself; and, if any person
is killed, the fact that the person gave any such consent shall not
affect the criminal liability or responsibility of any other person
who is a party to the killing.

17. Self-defence-(1) A person unlawfully assaulted, not
having provoked the assault by any blows, words or gestures, is
justified in repelling force, if the force the person uses:
(a) is not meant to cause death or grievous bodily harm;
and
(b) is no more than is necessary for the purpose of self
defence.
(2) A person unlawfully assaulted, not having provoked the
assault by any blows, words or gestures, is justified in repelling
force by force although in so doing the person causes death or
grievous bodily harm, if:
(a) the person causes it under reasonable apprehension of
death or grievous bodily harm from the violence
with which the assault was originally made or with
which the assailant pursues his or her purpose; and
(b) the person believes, on reasonable grounds, that he or
she cannot otherwise preserve himself or herself
from death or grievous bodily harm; and
(c) the force the person uses is no more than is necessary
for the purpose of self defence.
(3) A person who has assaulted another without justification, or
has provoked an assault from that other by any blows, words or
gestures, may nevertheless justify force used after the assault if:

16 Crimes 2013, No. 10

(a) the person used the force under reasonable
apprehension of death or grievous bodily harm
from the violence of the party first assaulted or
provoked and in the belief, on reasonable grounds
that it was necessary for his or her own preservation
from death or grievous bodily harm; and
(b) the person did not begin the assault with intent to kill or
do grievous bodily harm and did not endeavour, at
any time before the necessity for preserving himself
or herself arose, to kill or do grievous bodily harm;
and
(c) before the force was used, he or she declined further
conflict and quitted or retreated from it as far as was
practicable; and
(d) the force he or she uses is no more than necessary for
the purpose of self defence.
(4) A person is justified in using force, in defence of the person
or anyone under that person’s protection, against an assault, if the
force he or she uses:
(a) is not meant to cause death or grievous bodily harm;
and
(b) is no more than necessary to prevent the assault or the
repetition of it.
(5) This section shall not justify the wilful infliction of any hurt
or mischief disproportionate to the assault that it was intended to
prevent.
(6) A person is justified in using force, in defence of the person
or anyone under that person’s protection, against an assault,
although in so doing the person causes death or grievous bodily
harm if:
(a) the person causes it under reasonable apprehension that
the violence with which the assault was originally
made or with which the assailant pursues his or her
purpose will cause death or grievous bodily harm to
the person under his or her protection; and

2013, No. 10 Crimes 17

(b) the person believes on reasonable grounds that he or she
cannot otherwise preserve the person under his or
her protection from death or grievous bodily harm;
and
(c) the force the person uses is no more than is necessary to
prevent the assault or repetition of it.

18. Defence of dwellinghouse - A person in a peaceable
possession of a dwellinghouse, and everyone lawfully assisting
that person or acting by his or her authority, is justified in using
such reasonable force as is necessary to prevent the forcible
breaking and entering of the dwellinghouse by any person if the
person believes, on reasonable grounds, that there is no lawful
justification for the breaking and entering.

19. Defence of land or building - A person in peaceable
possession of any land or building, and any person lawfully
assisting the person or acting by his or her authority, is justified
in using reasonable force to prevent any other person from
trespassing on the land or building or to remove the other person
from the land or building, if he or she does not strike or do bodily
harm to the other person.

20. Defence of moveable property-(1) A person in actual
and unchallenged possession of any moveable property, or who
has a claim of right to that property, and any person lawfully
assisting that person, is justified in using reasonable force to
resist the taking of that property by any other person, or to retake
it.
(2) Despite subsection (1), no person is justified, or excused
from criminal liability if in the defence of moveable property the
person strikes or causes bodily harm to any person.

21. Excessive force - A person authorised by law to use force
is criminally responsible for any excess, according to the nature
and quality of the act that constitutes the excess, and any
consequence of that force.

18 Crimes 2013, No. 10

PART IV
JUSTIFICATION OR EXCUSE IN
THE ARREST OF ANY PERSON

22. Execution of warrant-(1) A person duly authorised to
execute a warrant to arrest who in reliance on such a warrant,
thereupon arrests a person, believing in good faith and on
reasonable and probable grounds that he or she is the person
named in the warrant, shall be protected from criminal
responsibility to the same extent and subject to the same
provisions as if the person arrested had been the person named in
the warrant.
(2) A person called on to assist the person making such
arrest, and believing that the person in whose arrest he or she is
called on to assist is the person for whose arrest the warrant is
issued, and every person who is required to receive and detain
the person arrested, shall be protected from criminal
responsibility to the same extent and subject to the same
provisions as if the person arrested had been the person named in
the warrant.

23. Arrest by a constable pursuant to statutory
powers - A constable is justified in arresting any person
without warrant in accordance with the provisions of this Act or
in accordance with any other enactment conferring on him or her
a power so to arrest.

24. Arrest by a constable of person believed to have
committed an offence - Where under any enactment any
constable has power to arrest without warrant any person who
has committed an offence, the constable is justified in arresting
without warrant any person whom he or she believes, on
reasonable grounds, to have committed that offence, whether or
not the offence has in fact been committed, and whether or not
the arrested person committed it.

25. Arrest by other officers or persons pursuant to
statutory powers - An officer or other persons, not being
a constable, who is authorised by any enactment to arrest any

2013, No. 10 Crimes 19

person without warrant is justified in so arresting any person in
accordance with the provisions of that enactment.

26. Persons assisting constable or officer in arrest-(1) A
person called upon by a constable to assist him or her in the
arrest of any person believed or suspected to have committed any
offence is justified in assisting unless the person knows that there
is no reasonable ground for the belief or suspicion.
(2) Where in any enactment it is provided that any officer or
person, not being a constable, may call upon any other person to
assist him or her in arresting without warrant anyone who has
committed or is found committing any offence, a person so
called upon is justified in assisting unless the person knows that
there is no reasonable ground for believing that the person to be
arrested has committed the offence.

27. Arrest of persons found committing certain
crimes - A person is justified in arresting without warrant:
(a) any person whom the person finds committing any
offence against this Act for which the offence is
punishable by imprisonment; or
(b) any person whom the person finds by night
committing any offence against this Act.

28. Arrest of person believed to be committing crime by
night - A person is protected from criminal responsibility for
arresting without warrant any person whom he or she finds by
night in circumstances affording reasonable grounds for
believing that that person is committing an offence against this
Act.

29. Arrest after commission of certain crimes - Where any
offence against this Act has been committed, a Constable who
believes, on reasonable grounds, that any person has committed
that offence is protected from criminal responsibility for
arresting that person without warrant, whether or not that person
committed the offence.



20 Crimes 2013, No. 10

30. Arrest during flight-(1) A person is protected from
criminal responsibility for arresting without warrant any person
whom he or she believes, on reasonable grounds, to have
committed an offence against this Act, and to be escaping from
and to be freshly pursued by any one whom he or she believes,
on reasonable grounds, to have lawful authority to arrest that
person for the offence.
(2) This section shall apply whether or not the offence has in
fact been committed, and whether or not the arrested person
committed it.

31. Force used in executing process - Where any person is
justified, or protected from criminal responsibility, in executing
or assisting to execute any sentence, warrant, or process, or in
making or assisting to make any arrest, that justification or
protection shall extend and apply to the use by him or her of such
force as may be necessary to overcome any force used in
resisting such execution or arrest, unless the sentence, warrant, or
process can be executed or the arrest made by reasonable means
in a less violent manner:
PROVIDED that, except in the case of a constable or a person
called upon by a constable to assist him or her, this section shall
not apply where the force used is intended or likely to cause
death or grievous bodily harm.

32. Preventing escape or rescue-(1) Where any person is
lawfully authorised to arrest or to assist in arresting any other
person, or is justified in or protected from criminal responsibility
for arresting or assisting to arrest any other person, that authority,
justification, or protection, as the case may be, shall extend and
apply to the use of such force as may be necessary:
(a) to prevent the escape of that other person if he or she
attempts to avoid arrest; or
(b) to prevent the escape or rescue of that other person
after his or her arrest,
unless in any such case the escape or rescue can be prevented by
reasonable means in a less violent manner:

2013, No. 10 Crimes 21

PROVIDED that, except in the case of a constable or a person
called upon by a constable to assist him or her, this subsection
shall not apply where the force used is intended or likely to cause
death or grievous bodily harm.
(2) Where any prisoner of a prison is attempting to escape
from lawful custody, or is fleeing after having escaped
therefrom, every constable, and every person called upon by a
constable to assist him or her, is justified in using such force as
may be necessary to prevent the escape of or to recapture the
prisoner, unless in any case the escape can be prevented or the
recapture effected by reasonable means in a less violent manner.

PART V
PARTIES TO THE COMMISSION OF OFFENCES
33. Parties to offences-(1) A person is a party to and guilty
of an offence who:
(a) actually commits the offence; or
(b) does or omits an act for the purpose of aiding any
person to commit the offence; or
(c) abets any person in the commission of the offence; or
(d) incites, counsels, or procures any person to commit
the offence.
(2) Where two (2) or more persons form a common intention
to carry into effect any unlawful purpose and to assist each other
in that object, each of them is a party to every offence committed
by any one of them in carrying into effect that unlawful purpose
if the commission of that offence was or ought to have been
known to be a probable consequence of carrying into effect that
common purpose.
(3) Nothing in this section prevents the charging of a person
as a party to any offence under both subsection (1) and (2) or in
the alternative.
34. Party to crime outside Samoa-(1) A person who, in
Samoa, aids, incites, counsels or procures the doing or omission
outside Samoa of any act which, if done in Samoa would be a
crime is liable to imprisonment for a term not exceeding that
prescribed for the crime, or seven (7) years, whichever is the
less.

22 Crimes 2013, No. 10

(2) Despite subsection (1), where the crime alleged in
relation to subsection (1) is murder, the term of imprisonment
shall be life.
(3) A person charged under this section is not liable to be
convicted in any case where it is proved that the act or omission
to which the charge relates was not an offence in the place where
it was, or was to be, done or omitted.

35. Party to offences other than that intended - A person
who incites, counsels or procures another to be party to an
offence is a party to every offence which that other commits in
carrying into effect that which was incited, counselled or
procured and which the person charged as a party pursuant to this
section knew or ought to have known to be a likely consequence
of that incitement counselling or procuring.

36. Accessory before the fact-(1) A person is an accessory
before the fact who, without becoming a party to any offence,
knowingly helps any person to commit an offence.
(2) A person is an accessory before the fact in terms of
subsection (1) despite the fact that the offence was committed in
a manner different from that understood by that person.
(3) A person who is an accessory before the fact commits an
offence of accessory before the fact and is liable to imprisonment
for a term not exceeding 10 years, if the maximum penalty for
that offence is imprisonment for life, or in any other case is liable
to not more than half the maximum punishment to which he or
she would have been liable if he or she had committed that
offence.

37. Accessory after the fact - An accessory after the fact to
an offence is a person who, knowing or believing any person to
have been a party to an offence:
(a) harbours or otherwise assists that person; or
(b) tampers or otherwise interferes directly or indirectly
with any evidence against him or her,
for the purpose of enabling that person to avoid arrest or
conviction or escape from arrest.

2013, No. 10 Crimes 23

38. Conspiracy to commit an offence-(1) A person who
conspires with any person to commit any offence, or to do or
omit, in any part of the world, anything of which the doing or
omitting in Samoa would be an offence, commits the crime of
conspiracy to commit that offence and is liable to imprisonment
for a term not exceeding seven (7) years, if the maximum penalty
for that offence exceeds seven (7) years, or in any other case is
liable to the punishment as if he or she had committed that
offence.
(2) The provisions of subsection (1) as to the penalty for
conspiring to commit an offence do not apply where the
punishment for the conspiracy is prescribed in any other
enactment.
(3) Where under this section any one is charged with
conspiring to do or omit anything anywhere outside Samoa, it is
a defence to prove that the doing or omission of the act to which
the conspiracy relates was not an offence under the law of the
place where it was, or was to be, done or omitted.

39. Attempt to commit or procure commission of offence-
(1) A person who attempts to commit any offence in respect of
which no punishment for the attempt is expressly prescribed by
this Act or by some other enactment is liable to imprisonment for
a term not exceeding 10 years if the maximum penalty for that
offence is imprisonment for life, and in any other case is liable to
not more than half the maximum penalty to which he or she
would have been liable if he or she had committed that offence.
(2) Everyone who is accessory after the fact to any crime
punishable by imprisonment, being a crime in respect of which
no express provision is made by this Act or by some other
enactment for the punishment of an accessory after the fact, is
liable to imprisonment for a term not exceeding five (5) years if
such maximum penalty is imprisonment for 10 years or more;
and in any other case is liable to not more than half the maximum
punishment to which he or she would have been liable if he or
she had committed the crime.

24 Crimes 2013, No. 10

PART VI
CRIMES AGAINST PUBLIC ORDER

40. Treason - Every citizen of Samoa is guilty of treason,
and shall upon conviction be imprisoned for life, who:
(a) kills, wounds, imprisons, or causes grievous bodily
harm to the Head of State; or
(b) levies war or conspires to levy war against State of
Samoa; or
(c) uses force for the purpose of overthrowing the
Government of Samoa; or
(d) assists by any means whatever any public enemy at
war with the State of Samoa.

41. Inciting to hostility - A person is liable to imprisonment
for a term not exceeding two (2) years who with the intention of
undermining the authority of the Government of Samoa, or to
incite violence or hostility against the Government of Samoa, or
between different classes of inhabitants of Samoa, or to change
any matter affecting the laws, government, or Constitution of or
any religious observance of Samoa:
(a) uses or speaks any words; or
(b) publishes anything,
in circumstances where there is a present risk of lawlessness,
violence or disorder in Samoa.

42. Unlawful assembly-(1) Every member of an unlawful
assembly is liable to imprisonment for one (1) year.
(2) An unlawful assembly is an assembly of three (3) or more
persons who, with intent to carry out any common purpose,
assemble in such a manner, or so conduct themselves when
assembled as to cause persons in the neighbourhood of such an
assembly to fear, on reasonable grounds, that the persons so
assembled will disturb the peace tumultuously, or will, by such
assembly, needlessly and without any reasonable occasion
provoke other persons to disturb the peace tumultuously.

2013, No. 10 Crimes 25

(3) Persons lawfully assembled may become an unlawful
assembly if they, with a common purpose, conduct themselves in
such a manner that their assembling would have been unlawful if
they had assembled in that manner for that purpose.
(4) An assembly of three (3) or more persons for the purpose
of protecting the house of any one of their numbers against
persons threatening to break and enter such house in order to
commit any offence therein is not unlawful.

43. Disorderly Assembly - A person is liable to
imprisonment for a term not exceeding one (1) year who is one
of three (3) or more persons who for any common purpose, or
behave when assembled, in such a manner as to cause an
ordinary person reasonably to fear that the persons so assembled
will use or cause violence or engage in or cause serious disorder
in the vicinity of the assembly.

44. Riot-(1) A person who takes part in a riot is liable to
imprisonment for a term not exceeding two (2) years.
(2) A riot is an unlawful assembly or disorderly assembly
that has begun to disturb the peace tumultuously or has begun to
incite or cause serious violence, or are engaging in or causing
serious disorder in the vicinity of the assembly.

45. Forcible entry - A person is liable to imprisonment for
a term not exceeding six (6) months who, by force or threats of
force, enters on land then in the actual and peaceful possession of
another for the purpose of taking possession thereof, whether the
person who so enters is entitled to the possession thereof or not.

46. Unlawful intimidation - A person commits an offence
and is liable to imprisonment for a term not exceeding one (1)
year or to a fine of 2 penalty units who:
(a) imposes or attempts to impose or authorises or directs
the imposition or attempted imposition upon
any other person (whether in respect
of a particular person or generally) of
any punishment, fine, or penalty or payment in

26 Crimes 2013, No. 10

money or goods for having disobeyed any
prohibition imposed by any person or body of
persons against the doing or abstaining from
doing any act which such other person has a legal
right to do or abstain from doing; or
(b) with a view to compel any other person to do or to
abstain from doing any act which that person has
a legal right to do or abstain from doing -
(i) uses violence to or by words or acts
intimidates such other person or damages or
threatens to damage his or her property; or
(ii) follows such other person about from
place to place or in or along any public place;
or
(iii) watches or besets any house, shop, or
other place or the approach thereto where such
other person or any person whosoever resides
or works or carries on business or happens to
be.

47. General dishonesty against the Government - A person
is guilty of an offence and is liable to imprisonment to a term not
exceeding five (5) years if the person does anything with the
intention of dishonestly causing a loss to the Government of
Samoa.

PART VII
SEXUAL CRIMES

48. “Sexual intercourse” defined - For the purposes of this
Part, sexual intercourse is complete upon penetration of the
female’s genitalia by male penis and there shall be no
presumption of law that any person is by reason of his or her age
incapable of such intercourse.

49. “Sexual violation” defined-(1) Sexual violation is:
(a) the act of a male who rapes a female; or
(b) the act of a person having unlawful sexual connection
with another person.

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(2) A male rapes a female if he has sexual intercourse with
that female without her consent freely and voluntarily given.
(3) A person has unlawful sexual connection with another
person if that person has sexual connection with the other person
without the consent of that other person freely and voluntarily
given.
(4) A person may be convicted of sexual violation in respect
of sexual connection with another person notwithstanding that
those persons were married to each other at the time of that
sexual connection.

50. “Sexual connection” defined - Sexual connection
means:
(a) connection occasioned by the penetration of the
genitalia or the anus of any person by -
(i) any part of the body of any other
person; or
(ii) any object held or manipulated by any
other person; or
(b) connection between the mouth or tongue or any part
of the body of any person and any part of the
genitalia or anus of any other person;
(c) the continuation of sexual connection as described in
either subsections (1)(a) or (b)

51. Circumstances which do not in themselves amount to
consent-(1) For the purposes of this Part, it is not consent:
(a) merely because the person does not protest or
physically resist the sexual connection or other
sexual activity, or where;
(b) consent is extorted by fear or bodily harm or by
threats; or
(c) consent obtained by personating the person’s spouse
or partner; or
(d) consent obtained by a false representation as to the
nature and quality of the act; or
(e) the person is asleep or unconscious; or

28 Crimes 2013, No. 10

(f) the person is affected by alcohol or other drug to the
extent that he or she cannot choose to consent or
not to consent to the sexual connection or other
sexual activity; or
(g) the person is affected by an intellectual, mental or
physical condition or impairment, or physical
condition of such a nature or degree that he or she
cannot consent to the sexual connection or other
sexual activity.
(2) The matters in subsection (1)(a) to (g) do not limit the
instances in which the circumstances of sexual connection or
other activity cannot give rise to evidence of consent, or
reasonable belief that there is consent.
(3) It is a defence for the offence of rape that the accused
honestly and reasonably believed that the consent was given.

52. Penalty for sexual violation-(1) A person who commits
rape is liable to imprisonment for life.
(2) A person who commits unlawful sexual connection is
liable to imprisonment for a term not exceeding 14 years.

53. Attempted sexual violation and assault with intent to
commit sexual violation-(1) A person who attempts to commit
sexual violation is liable to imprisonment for a term not
exceeding 14 years.
(2) A person who assaults another person with intent to
commit sexual violation of the other person is liable to
imprisonment for a term not exceeding 14 years.

54. Sexual conduct with consent induced by threats-(1) A
person who has sexual connection with another person knowing
that the other person has been induced to consent to the
connection by threat is liable to imprisonment for a term not
exceeding 14 years.
(2) A person who does an indecent act on another person
knowing that the other person has been induced to consent to the
act by threat is liable to imprisonment for a term not exceeding
seven (7) years.

2013, No. 10 Crimes 29

(3) For the purposes of subsection (1), a person who has
sexual connection with another person knows that the other
person has been induced to consent to the sexual connection by
threat if (and only if) the person knows that the other person has
been induced to consent to the sexual connection by an express
or implied threat of a kind described in subsection (5).
(4) For the purposes of subsection (2):
(a) a person who does an indecent act on another person
knows that the other person has been induced to
consent to the act by threat if (and only if) the
person knows that the other person has been
induced to consent to the act by an express or
implied threat of a kind described in subsection
(5); and
(b) a person is induced to consent to an indecent act
whether -
(i) the person is induced to consent to the
doing of an indecent act with or on him or her;
or
(ii) the person is induced to consent to do
an indecent act on himself or herself.
(5) The kinds of threat referred to in subsections (3) and
(4)(a) are:
(a) a threat that the person making the threat or some
other person will commit an offence that -
(i) is punishable by imprisonment; but
(ii) does not involve the actual or
threatened application of force to any person;
and
(b) a threat that the person making the threat or some
other person will make an accusation or disclosure
(whether true or false) about misconduct by any
person (whether living or dead) that is likely to
damage seriously the reputation of the person
against or about whom the accusation or
disclosure is made; and

30 Crimes 2013, No. 10

(c) a threat that the person making the threat will make
improper use, to the detriment of the person
consenting, of a power or authority arising out
of -
(i) an occupational or vocational position
held by the person making the threat; or
(ii) a commercial relationship existing
between the person making the threat and the
person consenting.

55. Incest-(1) Sexual connection is incest if:
(a) it is between two (2) persons whose relationship is
that of parent and child, siblings, half-siblings, or
grandparent and grandchild; and
(b) the person charged knows of the relationship.
(2) In this section the term “child” includes an illegitimate
child and an adopted child; and “grandchild” has a corresponding
meaning.
(3) A person who is or over the age of 16 years who commits
incest is liable to imprisonment for a term not exceeding 20 years.

56. Sexual conduct with a family member-(1) A person is
liable to imprisonment for a term not exceeding 14 years who has
sexual connection with a dependent family member under the
age of 21 years.
(2) A person is liable to imprisonment for a term not
exceeding 14 years who attempts to have sexual connection with
a dependent family member under the age of 21 years.
(3) A person is liable to imprisonment for a term not
exceeding 14 years who does an indecent act with or on a
dependent family member under the age of 21 years.
(4) The dependent family member cannot be charged as a
party to the offence.
(5) It is not a defence to a charge under this section that the
dependent family member consented.
(6) Indecent act with or on a dependant family member
includes indecently assaulting the dependant family member.

2013, No. 10 Crimes 31

57. “Dependent family member” defined-(1) For the
purposes of section 56, one (1) person is a dependent family
member of another person:
(a) if the other person has power or authority over him or
her, and is -
(i) his or her parent, step-parent, foster
parent, guardian, uncle, or aunt; or
(ii) a parent, step-parent, or foster parent
of a person described in subsection (1)(a) (i);
(iii) a child of his or her parent or step-
parent; or
(iv) the spouse or de facto partner of a
person described in subsection (1)(a)(i), (ii) or
(iii); or
(b) if they are members of the same family or other
culturally recognised family group, and the other
person -
(i) is not a person referred to in subsection
(1)(a); but
(ii) has a responsibility for, or significant
role in, his or her care or upbringing; or
(c) if he or she is living with the other person as a
member of the other person’s family, and the
other person is not a person referred to in
subsection (1)(a), but has -
(i) power or authority over him or her; and
(ii) a responsibility for, or significant role
in, his or her care or upbringing.
(2) In subsection (1):
“aunt”, in relation to a person, includes a half-sister of one of
the person’s parents;
“foster parent” includes a former foster parent;
“guardian” includes -
(i) a court appointed guardian; or
(ii) a former guardian; or

32 Crimes 2013, No. 10

(iii) a person who has by law or custom all
the duties, powers, rights and responsibilities
that a parent of the child has in relation to the
upbringing of the child.
“step-parent” includes a former step-parent;
“uncle”, in relation to a person, includes a half-brother of one
of the person’s parents.
58. Sexual conduct with child under 12-(1) A person who
has sexual connection with a child is liable to imprisonment for
life.
(2) A person who attempts to have sexual connection with a
child is liable to imprisonment for 14 years.
(3) A person who does an indecent act with or on a child is
liable to imprisonment for a term not exceeding 14 years.
(4) It is not a defence to a charge under this section that the
person charged, believed that the child was of or over the age of
12 years.
(5) It is not a defence to a charge under this section that the
child consented.
(6) In this section:
“child” means a person under the age of 12 years;
“doing an indecent act with or on a child” includes indecently
assaulting the child.

59. Sexual conduct with young person under 16-(1) A
person who has sexual connection with a young person is liable
to imprisonment for a term not exceeding 10 years.
(2) A person who attempts to have sexual connection with a
young person is liable to imprisonment for a term not exceeding
10 years.
(3) A person who does an indecent act with or on a young
person is liable to imprisonment for a term not exceeding seven
(7) years.
(4) No person can be convicted of a charge under this section
if the person was married to the young person concerned at the
time of the sexual connection or indecent act concerned.
(5) In this section:
“young person” means a person who is 12 years or over and
under the age of 16 years; and

2013, No. 10 Crimes 33

“doing an indecent act with or on a young person” includes
indecently assaulting the young person.

60. Indecent assault - A person is liable to a term of
imprisonment not exceeding five (5) years who indecently
assaults another person.

61. Defence to charge under section 59-(1) It is a defence to
a charge under section 59 if the person charged proves on the
balance of probabilities that:
(a) the person charged was under the age of 21 years at
the time of the commission of the act; and
(b) before the time of the act concerned, person charged
had taken reasonable steps to find out whether the
young person concerned was of or over the age of
16 years; and
(c) at the time of the act concerned, person charged
believed on reasonable grounds that the young
person was of or over the age of 16 years; and
(d) the young person consented.
(2) Except to the extent provided in subsection (1):
(a) it is not a defence to a charge under section 59 that the
young person concerned consented; and
(b) it is not a defence to a charge under section 59 that the
person charged believed that the young person
concerned was of or over the age of 16 years.

62. Using threats of intimidation for the purpose of sexual
conduct-(1) A person commits an offence punishable by
imprisonment for a term not exceeding five (5) years who, by the
use of threats or intimidation, compels another to do or omit any
act preparatory to and for the purpose of doing any indecent act
with or involving that person, or any other person, or upon
himself or herself.
(2) It is a defence to a charge under subsection (1) if the
person compelled is 18 years or more, and despite the
compulsion consents to any subsequent sexual conduct to which
the compulsion related.

34 Crimes 2013, No. 10

63. Sexual conduct with severely intellectually disabled
person-(1) A person is liable to imprisonment for a term not
exceeding seven (7) years who has or attempts to have sexual
connection with any person who is severely intellectually
disabled.
(2) A person is liable to imprisonment for a term not
exceeding seven (7) years who indecently assaults or attempts to
indecently assault any person who is severally intellectually
disabled.
(3) A person is severely intellectually disabled if the person
is by reason of that condition incapable of living an independent
life or of guarding himself or herself against serious exploitation
or common physical dangers.

64. Voyeurism-(1) A person is liable to imprisonment for a
term not exceeding five (5) years or to a fine not exceeding 500
penalty units or to both, who knowingly observes a person
engaged in a private act, without the consent of the person being
observed for that purpose and knowing that the person being
observed does not consent to being observed for that purpose.
(2) A person is liable to imprisonment for a term not
exceeding five (5) years or to a fine not exceeding 500 penalty
units or to both, who knowingly films another person who is
engaged in a private act, without the consent of the person being
filmed to being filmed for that purpose.
(3) A person is liable to imprisonment for a term not
exceeding five (5) years or to a fine not exceeding 500 penalty
units or to both, who knowingly films another person’s private
parts, without the consent of the person being filmed to being
filmed for that purpose.
(4) A person is liable to imprisonment for a term not
exceeding five (5) years or to a fine not exceeding 500 penalty
units or to both, who knowingly installs a device, or constructs or
adapts the fabric of any building, for the purpose of facilitating
the observation or filming of another person with the intention of
enabling that person or any other person to commit the offences
in subsections (1), (2) or (3).

2013, No. 10 Crimes 35

(5) In this section:
“private parts” means a person’s genital area or anal area,
whether bear or covered by underwear; and
“engaged in a private act” means circumstances where the
person is in a state of undress, using toilet, showering or
bathing, engaged in a sexual act of a kind not ordinarily
done in public, or engaged in any other like activity; and
“filming” means where the person causes one (1) or more
image to be recorded or to be transmitted for the purpose
of enabling the person or another person to observe those
images.

65. Adultery by married persons - A married person who
commits adultery is liable to a fine not exceeding 1 penalty unit.

66. Adultery with married person - A person who commits
adultery with a person he or she knows to be married is liable to a
fine not exceeding 1 penalty unit.

67. Sodomy-(1) A person who commits sodomy is liable:
(a) where the act of sodomy is committed on a female, to
imprisonment for a term not exceeding seven (7)
years; or
(b) where the act of sodomy is committed on a male, and at
the time of the act that male is under the age of 16
years and the offender is of or over the age of 21
years, to imprisonment for a term not exceeding
seven (7) years; or
(c) in any other case, to imprisonment for a term not
exceeding five (5) years.
(2) Sodomy is complete upon penetration.
(3) It is no defence to a charge under this section that the other
party consented.

68. Attempts to commit sodomy - A person is liable to
imprisonment for a term not exceeding five (5) years who:
(a) attempts to commit sodomy; or
(b) assaults any person with intent to commit sodomy.

36 Crimes 2013, No. 10

PART VIII
CRIME AGAINST PUBLIC WELFARE

69. Criminal Nuisance-(1) A person commits criminal
nuisance who does any unlawful act or omits to discharge any
legal duty, such act or omission being one which the person
knew would endanger the lives, safety, or health of the public, or
the life, safety or health of another person.
(2) Everyone who commits criminal nuisance is liable to
imprisonment for a term not exceeding one (1) year.

70. Brothel keeping-(1) In this section, the term “brothel”
means any house, room, set of rooms, or place of any kind
whatever used for the purposes of prostitution, whether by one
(1) woman or more.
(2) A person is liable to imprisonment for a term not
exceeding 10 years who:
(a) keeps or manages, or knowingly acts or assists in the
management of, any brothel; or
(b) being the tenant, lessee or occupier of any premises,
knowingly permits the premises or any part of the
premises to be used as a brothel; or
(c) being the lessor or landlord of any premises, or the
agent of the lessor or landlord, lets the premises or
any part of the premises with the knowledge that
the premises are to be used as a brothel, or that
some part of the premises is to be so used, or is
wilfully a party to the continued use of the
premises or any part thereof as a brothel.

71. Keeping place of resort for homosexual acts - A person
is liable to imprisonment for a term not exceeding seven (7) years
who:
(a) keeps or manages, or knowingly acts or assists in the
management of, any premises used as a place of
resort for the commission of indecent acts between
males; or

2013, No. 10 Crimes 37

(b) being the tenant, lessee or occupier of any premises,
knowingly permits the premises or any part thereof
to be used as a place of resort for the commission of
indecent acts between males; or
(c) being the lessor or landlord of any premises, or the
agent of the lessor or landlord, lets the premises or
any part of the premises with the knowledge that
the premises are to be used as a place of resort for
the commission of indecent acts between males, or
that some part of the premises is to be so used, or is
wilfully a party to the continued use of the premises
or any part thereof as a place of resort for the
commission of the indecent acts.

72. Prostitution-(1) A person is liable to imprisonment for a
term not exceeding three (3) years who has sexual intercourse or
sexual connection, or agrees, or offers to have sexual intercourse
or sexual connection with another person for gain or reward.
(2) Despite anything in subsection (1), no woman or girl shall
be convicted under this section in respect of any sexual
intercourse or sexual connection with her husband.

73. Solicitation-(1) A person is liable to imprisonment for a
term not exceeding five (5) years who offers or agrees to pay or
reward monies to another person for sexual intercourse or sexual
connection.
(2) Despite anything in subsection (1), no male shall be
convicted under this section in respect of any sexual intercourse
or sexual connection with his wife.

74. Living on earnings of prostitution - A person is liable
to imprisonment for a term not exceeding 10 years who
knowingly:
(a) lives wholly or in part on the earnings of the
prostitution of another person; or
(b) solicits for any prostitute, whether or not the person
receives any payment, reward or valuable
consideration for so doing.

38 Crimes 2013, No. 10

75. Procuring sexual intercourse - Everyone is liable to
imprisonment for a term not exceeding seven (7) years who, for
gain or reward, procures or agrees or offers to procure any
woman or girl to have sexual intercourse with any male who is
not her husband.

76. Indecent act in a public place-(1) A person is liable to
imprisonment for a term not exceeding two (2) years who
wilfully does any indecent act in any public place, or within view
of any such place.
(2) It is a defence to a charge under this section if the person
charged proves that he or she had reasonable grounds for
believing that he or she would not be observed.

77. Indecent act with intent to insult or offend - A person
is liable to imprisonment for a term not exceeding two (2) years
who, with intent to insult or offend any person, does any indecent
act in any place.
78. Bigamy-(1) A person who commits bigamy is liable to
imprisonment for a term not exceeding 10 years.
(2) Bigamy is:
(a) the act of a person who, being married goes through a
form of marriage in Samoa with a third person; or
(b) the act of a person who goes through a form of
marriage in Samoa with any other person whom
the person knows to be married; or
(c) the act of a Samoan citizen, or a person ordinarily
resident in Samoa, who, being married, goes
through a form of marriage with a third person
anywhere outside Samoa; or
(d) the act of a Samoan citizen, or a person ordinarily
resident in Samoa, who goes through a form of
marriage anywhere outside Samoa with any other
person whom the person knows to be married.
(3) It shall not be a defence to a charge of bigamy to prove
that the form of marriage was invalid by reason of any act or
omission of the person charged with bigamy.

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79. Feigned marriage-(1) A person is liable to imprisonment
for a term not exceeding five (5) years who goes through a form
of marriage with any other person, knowing that the marriage
will be void for any reason other than that one of the parties is
already married.
(2) However, if the Judge is satisfied that the other person
knew, at the time when the offence was committed, that the
marriage would be void, the offender is liable to imprisonment
for a term not exceeding two (2) years.
80. Misconduct in respect of human remains - A person
is liable to imprisonment for a term not exceeding two (2) years
who:
(a) neglects to perform any duty imposed on the person
by law or undertaken by the person with reference
to the burial or cremation of any dead human
body or human remains; or
(b) improperly or indecently interferes with or offers any
indignity to any dead human body or human
remains, whether buried or not.

81. Distribution or exhibition of indecent matter-(1) A
person is liable to imprisonment for a term not exceeding two (2)
years who, without lawful justification or excuse:
(a) sells, expose for sale, or otherwise distributes to the
public any indecent model or object; or
(b) exhibits or presents in or within view of any place to
which the public have or are permitted to have
access any indecent model or object or indecent
show or performance; or
(c) exhibits or presents in the presence of any person in
consideration or expectation of any payment, or
otherwise for gain, any indecent show or
performance.
(2) It is a defence to a charge under this section to prove that
the public good was served by the acts alleged to have been
done.
(3) It is a question of law whether the sale, exposure
for sale, distribution, exhibition or presentation might
in the circumstances serve the public good, and whether there is

40 Crimes 2013, No. 10

evidence of excess beyond what the public good requires; but it
is a question of fact whether or not the acts complained of did so
serve the public good and whether or not there was such excess.
(4) It is no defence that the person charged did not know that
the model, object, show or performance to which the charge
relates was indecent, unless that person also satisfies the Court:
(a) that the person had no reasonable opportunity of
knowing it; and
(b) that in the circumstances the person’s ignorance was
excusable.
(5) No person shall be prosecuted for an offence against this
section without the leave in writing of the Attorney-General, who
before giving leave may make such inquiries as the Attorney-
General thinks fit.
(6) This section does not apply to any document or matter to
which the Indecent Publications Ordinance 1960 relates, whether
the document or matter is indecent within the meaning of that
Ordinance or not.

82. Publication, distribution or exhibition of indecent
material on child-(1) A person is liable to imprisonment for a
term not exceeding seven (7) years who without lawful
justification who does any of the following:
(a) sells, or delivers by way of hire, or has in his or her
possession for sale or hire, or otherwise distributes
in public any indecent material on a child;
(b) exhibits or presents in or within view of any place to
which the public have or are permitted to have
access any indecent material on a child;
(c) exhibits or presents in the presence of any person in
consideration or expectation of any payment, or
otherwise for gain, any indecent material on a
child;
(d) prints or causes to be printed any indecent material on
a child;
(e) knowingly has in possession or publishes any indecent
material on a child;

2013, No. 10 Crimes 41

(f) creates, draws, affixes, impresses, or exhibits, or
causes to be created, drawn, affixed, impressed or
exhibited, any indecent material on a child;
(g) communicate, exhibit, send, supply or transmit any
indecent material on a child to another person,
whether to a particular person or not;
(h) make an indecent material on a child available to
access to any other person, whether by a particular
person or not;
(i) produces indecent material for the purpose of its
distribution through an electronic system;
(j) offers or makes available indecent material through an
electronic system;
(k) distributes or transmits indecent material through an
electronic system;
(l) procures or obtains indecent material through an
electronic system for oneself or for another
person; or
(m) possesses indecent material in an electronic system or
on a data storage medium;
(n) knowingly obtains access, through information and
communication technologies, to indecent material.
(2) For the purpose of this section:
“child” means a person 16 years and under;
“child pornography”:
(a) means pornographic material that depicts, presents or
represents -
(i) a child engaged in sexually explicit
conduct; or
(ii) a person appearing to be a child
engaged in sexually explicit conduct; or
(iii) images representing a child engaged
in sexually explicit conduct; and
(b) includes any audio, visual or text pornographic
material.
“electronic system” has the meaning under section 205;

42 Crimes 2013, No. 10

“indecent material” means any book, newspaper, picture,
film, photograph, child pornography, print, or writing,
and any paper or other thing of any description
whatsoever, which has printed or impressed upon it, or
otherwise attached thereto, or appearing, shown, or
exhibited in any manner whatsoever thereon, any indecent
picture, illustration, or representation, or which unduly
emphasises matters of sex, horror, crime, cruelty, or
violence;
“film” film means a photographic film, and includes:
(a) a cinematograph film; and
(b) a videotape; and
(c) any other material record or visual images that
is capable of being used for the subsequent
display of those images, - but does not include a
videotape or cinematograph film in respect of
which a certificate of approval is in force under
the Indecent Publications Ordinance 1960 or
under the Film Control Act 1978.
(3) It is a defence to a charge of an offence under subsection
(1)(i) to (n) if the person establishes that the indecent material
was stored for a bona fide law enforcement purpose and if so, the
indecent material must be deleted as soon as it is not legally
required anymore.
(4) No one shall be prosecuted for an offence against this
section without the leave in writing of the Attorney-General, who
before giving leave may make such inquiries as the Attorney-
General thinks fit.
(5) It is no defence that the person charged under this section
did not know that the document to which the charge relates was
indecent, unless that person satisfies the Court:
(a) that the person had no reasonable opportunity of
knowing it; and
(b) that in the circumstances the person’s ignorance was
excusable.
(6) This section shall not apply to any document or matter to
which the Indecent Publications Ordinance 1960 relates, whether
the document or matter is indecent within the meaning of that
Ordinance or not.

2013, No. 10 Crimes 43

PART IX
CRIMES AGAINST THE PERSON

Division 1
Homicide

83. Standard of care required of persons under legal
duties-(1) This section applies in respect of the legal duties
specified in any of sections 84 to 89.
(2) For the purposes of this Part, a person is criminally
responsible for:
(a) omitting to discharge or perform a legal duty to which
this section applies; or
(b) neglecting a legal duty to which this section applies,
only if, in the circumstances of the particular case, the omission
or neglect is a major departure from the standard of care
expected of a reasonable person to whom that legal duty applies
in those circumstances.

84. Duty to provide the necessaries of life-(1) A person
who has charge of any other person unable, by reason of
detention, age, sickness, insanity, or any other cause, to withdraw
himself or herself from such charge, and unable to provide
himself or herself with the necessaries of life, is (whether such
charge is undertaken by him or her under any contract or is
imposed upon him or her by law or by reason of his or her
unlawful act or otherwise howsoever) under a legal duty to
supply that person with the necessaries of life, and is criminally
responsible for omitting without lawful excuse to perform such
duty if the death of that person is caused, or if his or her life is
endangered or his or her health permanently injured, by such
omission.
(2) A person is liable to imprisonment for a term not
exceeding seven (7) years who, without lawful excuse, neglects
the duty specified in this section so that the life of the person
under his or her charge is endangered or his or her health
permanently injured by such neglect.

44 Crimes 2013, No. 10

85. Duty of parent or guardian to provide necessaries-(1)
A person who as a parent or person in place of a parent is under a
legal duty to provide necessaries for any child under the age of
18 years, being a child in his or her actual custody, is criminally
responsible for omitting without lawful excuse to do so, whether
the child is helpless or not, if the death of the child is caused, or
if his or her life is endangered or his or her health permanently
injured, by such omission.
(2) A person is liable to imprisonment for a term not
exceeding seven (7) years who, without lawful excuse, neglects
the duty specified in this section so that the life of the child is
endangered or his or her health permanently injured by such
neglect.

86. Abandoning child under six (6) years - A person is
liable to imprisonment for a term not exceeding seven (7) years
who unlawfully abandons or exposes any child under the age of
six (6) years.

87. Duty of persons doing dangerous acts - A person who
undertakes to administer surgical or medical treatment, or to do
any other lawful act the doing of which is or may be dangerous
to life, is under a legal duty to have and to use reasonable
knowledge, skill, and care in doing any such act, and is
criminally responsible for the consequences of omitting without
lawful excuse to discharge that duty.

88. Duty of persons in charge of dangerous things - A
person who has in his charge or under his control anything
whatever, whether animate or inanimate, or who erects, makes,
operates, or maintains anything whatever, which, in the absence
of precaution or care, may endanger human life is under a legal
duty to take reasonable precautions against and to use reasonable
care to avoid such danger, and is criminally responsible for the
consequences of omitting without lawful excuse to discharge that
duty.

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89. Duty to avoid omissions dangerous to life - A person
who undertakes to do any act the omission to do which is or may
be dangerous to life is under a legal duty to do that act, and is
criminally responsible for the consequences of omitting without
lawful excuse to discharge that duty.

90. Homicide defined - Homicide is the killing of a human
being by another, directly or indirectly, by any means
whatsoever.

91. Killing of a child-(1) A child becomes a human being
within the meaning of this Act when it has completely proceeded
in a living state from the body of its mother, whether it has
breathed or not, whether it has an independent circulation or not,
and whether the umbilical cord is severed or not.
(2) The killing of such child is homicide if it dies in
consequence of injuries received before, during, or after birth.

92. Culpable homicide-(1) Homicide may be either culpable
or not culpable.
(2) Homicide is culpable when it consists in the killing of any
person:
(a) by an unlawful act; or
(b) by an omission without lawful excuse to perform or
observe any legal duty; or
(c) by both (a) and (b) combined; or
(d) by causing that person by threats or fear of violence,
or by deception, to do an act which causes that
person’s death; or
(e) by wilfully frightening a child under the age of 16
years or a sick person.
(3) Except as provided in section 110, culpable homicide is
either murder or manslaughter.
(4) Homicide that is not culpable is not an offence.
(5) Where an act or omission constitutes an offence under the
Road Traffic Ordinance 1960 or any other Act other than this
Act, nothing in the Road Traffic Ordinance 1960 or any other
Act prevents the prosecution and punishment of an offender
under this Act for murder or manslaughter.

46 Crimes 2013, No. 10

93. Death must occur within a year and a day-(1) No
person is criminally responsible for the killing of another person
unless the death takes place within a year and a day after the
cause of death.
(2) The period of a year and a day shall be reckoned inclusive
of the day on which the last unlawful act contributing to the
cause of death took place.
(3) Where the cause of death is an omission to fulfil a legal
duty, the period shall be reckoned inclusive of the day on which
such omission ceased.
(4) Where death is in part caused by an unlawful act and in
part by an omission, the period shall be reckoned inclusive of the
day on which the last unlawful act took place or the omission
ceased, whichever happened last.

94. Killing by influence on the mind - Except by wilfully
frightening a child aged under 16 years or a sick person, no
person is criminally responsible:
(a) for the killing of another person by any influence on
the mind alone; or
(b) for the killing of another person by any disorder or
disease arising from such influence.
95. Acceleration of death - A person who by any act or
omission causes the death of another person kills that person,
although the effect to that person was merely to hasten his or her
death while labouring under some disorder or disease arising
from some other cause.

96. Causing death that might have been prevented - A
person who by any act or omission causes the death of another
person kills that person, although death from that cause might
have been prevented by resorting to proper means.
97. Causing injury the treatment of which causes
death - A person who causes to another person any bodily
injury, in itself of a dangerous nature, from which death results,

2013, No. 10 Crimes 47

kills that person, although the immediate cause of death is the act
or omission of some other person or some other independent
intervening event.
98. Indirect cause of death - A person whose act or
omission results in the death of another person shall be deemed
to have caused the death of that other person, although the
immediate cause of death is the act or omission of some other
person or some other independent intervening event.
99. Murder defined - Culpable homicide is murder in each
of the following cases:
(a) if the offender means to cause the death of the person
killed;
(b) if the offender means to cause to the person killed any
bodily injury that is known to the offender to be
likely to cause death, and is reckless whether
death ensues or not;
(c) if the offender -
(i) means to cause death; or
(ii) means to cause bodily injury known to
the offender to be likely to cause death, and is
reckless whether death ensues or not,
to one person, and by accident, mistake or otherwise kills another
person, though he or she does not mean to hurt the person killed;
or
(d) if the offender for any unlawful object does an act that
he or she knows to be likely to cause death, and
thereby kills any person, though he or she may
have desired that his or her object should be
effected without hurting any person.

100. Further definition of “murder”-(1) Culpable homicide
is also murder in each of the following cases, whether the
offender means or does not mean death to ensue, or knows or
does not know that death is likely to ensue:
(a) if the offender means to cause grievous bodily injury
for the purpose of facilitating the commission of
any of the offences mentioned in subsection (2),

48 Crimes 2013, No. 10

or facilitating the flight or avoiding the detection
of the offender upon the commission or attempted
commission of the offences, or for the purpose of
resisting lawful apprehension in respect of any
offence whatsoever, and death ensues from
grievous bodily injury; or
(b) if the offender administers any stupefying or
overpowering thing for any of the purposes in
paragraph (a), and death ensues from the effects
thereof;
(c) if he or she by any means wilfully stops the breath of
any person for any of the purposes in paragraph
(a), and death ensues from such stopping of
breath.
(2) The offences referred to in subsection (1) are those
specified in the following provisions of this Act, namely:
(a) treason or communicating secrets;
(b) sabotage;
(c) piracy;
(d) piratical acts;
(e) escape or rescue from prison or lawful custody or
detention;
(f) sexual violation;
(g) murder;
(h) abduction;
(i) kidnapping;
(j) burglary;
(k) robbery;
(l) arson.

101. Provocation-(1) Culpable homicide that would
otherwise be murder may be reduced to manslaughter if the
person who caused the death did so under provocation.
(2) Anything done by the deceased to the person who caused
death may be provocation:
(a) if the act was sufficient to cause a person having the
power of self-control of a reasonable person to be
deprived of the power of self-control; and

2013, No. 10 Crimes 49

(b) it did in fact deprive the defendant of the power of
self-control and cause him or her to kill the
deceased; and
(c) the retaliation was reasonably proportionate to the act
of provocation.
(3) Despite subsection (2)(a) nothing done will be
provocation unless the defendant:
(a) feared serious violence from the person killed against
the defendant or another identifiable person; or
(b) the thing done constituted circumstances of a grave
nature.
(4) The fact alone of a statement from any person as to
the sexual infidelity of the person killed despite the provisions of
subsection (2)(a) is not to be evidence of provocation, but
otherwise whether there is any evidence of provocation is a
matter of law.
(5) Any statement or word alone is not provocation that can
reduce murder to manslaughter.

102. Manslaughter - Except as provided in section 110,
culpable homicide not amounting to murder is manslaughter.

103. Punishment of murder - A person who commits
murder shall upon conviction be sentenced to imprisonment for
life.

104. Attempt to murder - A person who attempts to commit
murder is liable to imprisonment for life.

105. Counselling or attempting to procure murder - A
person is liable to imprisonment for life who incites, counsels, or
attempts to procure any person to murder any other person in
Samoa, when that murder is not in fact committed.

106. Conspiracy to murder-(1) A person is liable to
imprisonment for life who conspires or agrees with any person to
murder any other person, whether the murder is to take place in
Samoa or another country.

50 Crimes 2013, No. 10

(2) In this section, the expression “to murder” includes to
cause the death of another person out of Samoa in circumstances
that would amount to murder if the act were committed in
Samoa.
(3) A person is liable to imprisonment for life:
(a) who counsels or procures any other person to commit
suicide, if that other person actually commits
suicide in consequence thereof; or
(b) or who aids or abets any person in the commission of
suicide.

107. Accessory after the fact to murder - A person is liable
to imprisonment for a term not exceeding seven (7) years who is
an accessory after the fact to murder.

108. Punishment of manslaughter - A person who commits
manslaughter is liable to imprisonment for life.

109. Killing unborn child-(1) A person is liable to
imprisonment for a term not exceeding 14 years who causes the
death of any child that has not become a human being in such a
manner that the person would have been guilty of murder if the
child had become a human being.
(2) A person is liable to imprisonment for a term not exceeding
five (5) years who causes the death of any child that has not
become a human being in such a manner that the person would
have been guilty of manslaughter if the child had become a human
being.
(3) No person commits any crime who before or during the
birth of any child causes the child’s death by means employed in
good faith for the preservation of the life of the mother.

110. Infanticide-(1) A woman is guilty of infanticide, and
not of murder or manslaughter, is liable to imprisonment for a
term not exceeding five (5) years, if:
(a) she causes the death of any child of hers within 12
months from the date of its birth in a manner that
amounts to culpable homicide; and

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(b) at the time of the offence the balance of her mind was
disturbed, by reason of her not having fully
recovered from the effect of giving birth to that
child, or by reason of lactation, or by reason of
any disorder consequent upon childbirth or
lactation, to such an extent that she should not be
held fully responsible.
(2) Where upon the trial of a woman for the murder or
manslaughter of any child of hers under the age of 12 months
there is evidence that would support a verdict of infanticide, the
assessors may return a verdict of infanticide instead of a verdict
of murder or manslaughter, and the accused shall be liable
accordingly.
(3) Where the woman is guilty of infanticide, the Judge must
order that the woman be examined by two (2) medical
practitioners and the following provisions apply:
(a) pending the receipt by the Judge of certificates from
the medical practitioners, the woman must be
detained in a place that the Judge thinks
appropriate, and that place must be one of the
following -
(i) a private or public hospital or a
treatment centre within the meaning of the
Mental Health Act 2007; or
(ii) a prison within the meaning of the
Prisons Act 1967;
(b) if each of the medical practitioners certifies that the
balance of her mind is no longer disturbed and
that she is in no need of care and treatment in a
hospital, the Judge must order that the woman be
discharged from custody immediately;
(c) where no certificate may be given under paragraph
(b), in considering all the circumstances of the
case and the medical evidence of the two (2)
medical practitioners, the Court may make one of
or a combination of the following orders -
(i) detain the person as is an “Inpatient
Treatment Order” had been made under
section 15 of the Mental Health Act 2007; or

52 Crimes 2013, No. 10

(ii) release the person, as if a Community
Treatment Order had been made under section
11 of the Mental Health Act 2007.
(4) Despite anything in the Mental Health Act 2007 no
person subject to an order made under subsection (3) shall be
released on leave or discharge from any institution without an
order of the Court that made the order detaining that person.
(5) The fact that by virtue of this section any woman has not
been or is not liable to be convicted of murder or manslaughter,
whether or not she has been or is liable to be convicted of
infanticide, shall not affect the question whether the homicide
amounted to murder or manslaughter in the case of any other
party to it.

Division 2
Abortion

111. “Miscarriage” defined - In this Division
“miscarriage” means:
(a) the destruction or death of an embryo or foetus after
implantation; or
(b) the premature expulsion or removal of an embryo or
foetus after implantation, otherwise than for the
purpose of inducing the birth of a foetus believed
to be viable or removing a foetus that has died.

112. Procuring abortion by any means-(1) A person is
liable to imprisonment for a term not exceeding seven (7) years
who, with intent to procure the miscarriage of any woman or girl,
whether she is pregnant or not:
(a) unlawfully administers to or causes to be taken by her
any poison or any drug or any noxious thing; or
(b) unlawfully uses on her any instrument; or
(c) unlawfully uses on her any means other than any
means referred to in paragraph (a) or (b).
(2) The woman or girl shall not be charged as a party to an
offence against this section.

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113. Female procuring her own miscarriage - A woman or
girl is liable to imprisonment for a term not exceeding seven (7)
years who with intent to procure miscarriage, whether she is with
child or not:
(a) unlawfully administers to herself, or permits to be
administered to her, any poison or any drug or any
noxious thing; or
(b) unlawfully uses on herself, or permits to be used on
her, any instrument; or
(c) unlawfully uses on herself, or permits to be used on
her, any other means whatsoever.
114. Supplying means of procuring abortion - A person is
liable to imprisonment for a term not exceeding seven (7) years
who unlawfully supplies or procures any poison or any drug or
any noxious thing, or any instrument or other thing, whether of a
like nature or not, believing that it is intended to be unlawfully
used to procure miscarriage.

115. Effectiveness of means used immaterial - Sections
112 to 114 shall apply whether or not the poison, drug, thing,
instrument, or means administered, taken, used, supplied, or
procured was in fact capable of procuring miscarriage.

116. Meaning of “unlawfully” - In sections 112 to 114,
any act specified in either of those sections is done unlawfully
unless, in the case of a pregnancy of not more than 20 weeks’
gestation, the person doing the act:
(a) is a registered medical practitioner; and
(b) believes that the continuance of the pregnancy would
result in serious danger (not being danger
normally attendant upon childbirth) to the life, or
to the physical or mental health, of the woman or
girl.

117. Concealing dead body of a child - A person is liable
to imprisonment for a term not exceeding two (2) years
who disposes of the dead body of any child in any manner with

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intent to conceal the fact of its birth, whether the child died
before, during, or after birth.

PART X
ASSAULTS AND INJURIES
TO THE PERSON

118. Causing serious bodily injury with intent-(1) A
person is liable to imprisonment for a term not exceeding 10
years who, with intent to cause grievous bodily harm to another
person, wounds, maims, disfigures, or causes grievous bodily
harm to that other person.
(2) A person is liable to imprisonment for a term not
exceeding seven (7) years who is assaulting another person or
acting with reckless disregard for the safety of any other person
causes grievous bodily harm.

119. Causing injury-(1) A person is liable to imprisonment
for a term not exceeding seven (7) years who, with intent to
cause actual bodily harm causes actual bodily harm to another
person.
(2) A person is liable to imprisonment for a term not
exceeding five (5) years who causes actual bodily harm to
another person by assaulting that other person, or acting with
reckless disregard for the safety of any other person.

120. Injuring by reckless endangerment - A person is
liable to imprisonment for a term not exceeding five (5) years
who by any act, or by omitting to perform a legal duty in
circumstances reasonably likely to cause injury to any person,
injures another person.

121. Injuring in the course of criminal conduct-(1) A
person is liable to imprisonment for a term not exceeding 10
years who with intent:
(a) to commit or facilitate the commission of any crime;
or
(b) to avoid the detection of himself or herself or of any
other person in the commission of any crime; or

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(c) to avoid the arrest or facilitate the flight of himself or
herself or of any other person upon the
commission or attempted commission of any
crime,
wounds, maims, disfigures, or causes grievous bodily harm to
any person, or stupefies or renders unconscious any person, or by
any violent means renders any person incapable of resistance.
(2) A person is liable to imprisonment for a term not
exceeding seven (7) years who, with any such intent under
subsection (1), injures any person.

122. Aggravated assault-(1) A person is liable to
imprisonment for a term not exceeding five (5) years who
assaults any other person with intent:
(a) to commit or facilitate the commission of any crime;
or
(b) to avoid the detection of himself or herself or of any
other person in the commission of any crime; or
(c) to avoid the arrest or facilitate the flight of himself or
herself or of any other person upon the
commission or attempted commission of any
crime.
(2) A person is liable to imprisonment for a term not
exceeding seven (7) years who assaults any constable or any
person acting in aid of any constable, or any person in the lawful
execution of any process, with intent to obstruct the person so
assaulted in the execution of his duty.

123. Common assault - A person is liable to imprisonment
for a term not exceeding one (1) year who assaults any other
person.

124. Disabling - A person is liable to imprisonment for a
term not exceeding one (1) year who, wilfully and without lawful
justification or excuse, stupefies or renders unconscious any
other person.

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125. Setting traps-(1) A person is liable to imprisonment for
a term not exceeding five (5) years who, with intent to injure, or
with reckless disregard for the safety of others, sets or places or
causes to be set or placed any trap or device that is likely to
injure any person.
(2) A person is liable to imprisonment for a term not
exceeding three (3) years who, being in occupation or possession
of any place where any such trap or device has been set or
placed, knowingly and wilfully permits it to remain there in such
a condition that any person is likely to be injured by it.

126. Impeding rescue-(1) A person is liable to imprisonment
for a term not exceeding five (5) years who, without lawful
justification or excuse, prevents or impedes or attempts to
prevent or impede any person who is attempting to save his own
life or the life of any other person.
(2) No one is guilty of an offence against subsection (1) who
does any such act under that subsection in the course of saving
his own life or the life of any other person.
127. Using firearm against law enforcement officer-(1) A
person is liable to imprisonment for a term not exceeding seven
(7) years who uses any firearm in any manner whatever against
any police officer, or any traffic officer, or any prison officer,
acting in the course of the police officer’s duty knowing that, or
being reckless whether or not, that person is a police or a traffic
officer or a prison officer so acting.
(2) A person is liable to imprisonment for a term not
exceeding seven (7) years who uses any firearm in any manner
whatever with intent to resist the lawful arrest or detention of
himself or herself or of any other person.
128. Using firearm in commission of crime - A person is
liable to imprisonment for a term not exceeding five (5) years
who:
(a) in committing any crime, uses any firearm; or
(b) while committing any crime, has any firearm with
him or her in circumstances that prima facie show
an intention to use it in connection with that
crime.

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129. Threats to kill or do grievous bodily harm - A person
is liable to imprisonment for a term not exceeding three (3) years
who sends or causes to be received, knowing the contents
thereof, any letter or writing containing threats to kill or do
bodily harm to any person, or who verbally makes a threat to kill
or do bodily harm to any person.
130. Kidnapping - A person is liable to imprisonment for a
term not exceeding 10 years who unlawfully carries off, takes or
detains any other person without that other person’s freely and
voluntarily given consent, or with consent obtained by fraud or
duress, with intent:
(a) to cause that other person to be confined, or
imprisoned; or
(b) to hold that other person for ransom or to service.

131. Abduction of a child under 16 - A person is liable to
imprisonment for a term not exceeding 10 years who, with intent
to deprive any parent or guardian or other person having the
lawful care of charge of any child under the age of 16 years of
the possession of the child, or with intent to have sexual
connection with any child under the age of 16 years old,
unlawfully:
(a) takes or entices away or detains the child; or
(b) receives the child, knowing that the child has been so
taken or enticed away or detained.
(2) It is immaterial whether or not the child consents, or is
taken or goes at the child’s own suggestion, or whether or not the
offender believed the child to be of or over the age of 16.
(3) No person shall be convicted of an offence against this
section who gets possession of any child, claiming in good faith
a right to the possession of the child.

58 Crimes 2013, No. 10

PART XI
CRIMES AGAINST THE
ADMINISTRATION OF JUSTICE
132. Interpretation - In this Part, unless the context
otherwise requires:
“bribe” means any money, valuable consideration, office, or
employment, or any benefit, whether direct or indirect;
“corruptly” means a person acts corruptly in relation to any
bribe where he or she knows or is reckless to the fact that
the bribe is intended to influence the person bribed to act
or omit to act in breach of any oath of office, or otherwise
than in accordance with his or her legal obligations or
duties in relation to any public office;
“judicial officer” means a Judge of any court, or a District
Court Judge, Coroner, Faamasino Fesosoani, or any other
person holding any judicial office, or any person who is a
member of any tribunal authorised by law to take
evidence on oath;
“law enforcement officer” means any constable, or any
person employed in the detection or prosecution or
punishment of offenders;
“official” means any person in the service of the Government
of Samoa (whether that service is honorary or not, and
whether it is within or outside Samoa), or any member or
employee of any local authority or public body.

133. Judicial corruption-(1) A judicial officer is liable to
imprisonment for a term not exceeding 14 years who corruptly
accepts or obtains, or agrees or offers to accept or attempts to
obtain, any bribe for himself or herself or any other person in
respect of any act done or omitted, or to be done or omitted, by
the judicial officer in his or her judicial capacity.
(2) A judicial officer, and every Registrar or Deputy
Registrar of any court, is liable to imprisonment for a term not
exceeding seven (7) years who corruptly accepts or obtains,
or agrees or offers to accept or attempts to obtain, any bribe for

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himself or herself or any other person in respect of any act done
or omitted, or to be done or omitted, by him or her in his official
capacity, not being an act or omission to which subsection (1)
applies.
134. Bribery of judicial officer, etc-(1) A person is liable to
imprisonment for a term not exceeding seven (7) years who
corruptly gives or offers or agrees to give any bribe to any person
with intent to influence any judicial officer in respect of any act
or omission by a judicial officer in his or her judicial capacity.
(2) Anyone is liable to imprisonment for a term not
exceeding seven (7) years who corruptly gives or offers or agrees
to give any bribe to any person with intent to influence any
judicial officer or any Registrar or Deputy Registrar of any court
in respect of any act or omission by him or her in his official
capacity, not being an act, or omission to which subsection (1)
applies.

135. Corruption and bribery of a Minister of the
Government of Samoa-(1) A Minister, Associate Minister
or Chief Executive Officer of the Government of Samoa
is liable to imprisonment for a term not exceeding 14 years who
corruptly accepts or obtains, or agrees or offers to accept or
attempts to obtain, any bribe for himself or any other person in
respect of any act done or omitted, or to be done or omitted, by
him or her in his or her capacity as a Minister, Associate Minister
or Chief Executive Officer.
(2) A person is liable to imprisonment for a term not
exceeding seven (7) years who corruptly gives or offers or agrees
to give any bribe to any person with intent to influence any
Minister, Associate Minister or Chief Executive Officer of the
Government of Samoa in respect of any act or omission by him
or her in his or her capacity as a Minister, Associate Minister or
Chief Executive Officer.
(3) No person shall be prosecuted for an offence against this
section without the consent of the Attorney-General of Samoa.
Notice of the intention to apply for such consent shall be given

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to the person whom it is intended to prosecute, and he or she
shall have an opportunity of being heard against the application.

136. Corruption and bribery of member of Parliament-(1)
A Member of Parliament is liable to imprisonment for a term not
exceeding seven (7) years who corruptly accepts or obtains, or
agrees or offers to accept or attempts to obtain, any bribe for
himself or herself or any other person in respect of any act done
or omitted, or to be done or omitted, by him or her in his or her
capacity as a member of Parliament.
(2) A person is liable to imprisonment for a term not
exceeding seven (7) years who corruptly gives or offers or agrees
to give any bribe to any person with intent to influence any
Member of Parliament in respect of any act or omission by him
or her in his or her capacity as a Member of Parliament.
(3) No person shall be prosecuted for an offence against this
section without the consent of the Attorney-General of Samoa.
Notice of the intention to apply for such consent shall be given to
the person whom it is intended to prosecute, and the person shall
have an opportunity of being heard against the application.

137. Corruption and bribery of law enforcement
officer-(1) A law enforcement officer is liable to imprisonment
for a term not exceeding seven (7) years who corruptly accepts or
obtains, or agrees or offers to accept or attempts to obtain, any
bribe for himself or herself or any other person in respect of any
act done or omitted, or to be done or omitted, by him or her in his
official capacity.
(2) A person is liable to imprisonment for a term not
exceeding seven (7) years who corruptly gives or offers or agrees
to give any bribe to any person with intent to influence any law
enforcement officer in respect of any act or omission by the law
enforcement officer in his or her official capacity.
138. Corruption and bribery of official-(1) An official is
liable to imprisonment for a term not exceeding seven (7) years
who, whether within Samoa or another country, corruptly accepts
or obtains, or agrees or offers to accept or attempts
to obtain, any bribe for himself or herself or any other person in

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respect of any act done or omitted, or to be done or omitted, by
the official in his or her official capacity.
(2) A person is liable to imprisonment for a term not
exceeding seven (7) years who corruptly gives or offers or agrees
to give any bribe to any person with intent to influence any
official in respect of any act or omission by the official in his or
her official capacity.

139. Perjury-(1) Perjury is an assertion as to a matter of fact,
opinion, belief, or knowledge made by a witness in a judicial
proceeding as part of witness’s evidence upon oath or
affirmation, whether such evidence is given in open court or by
affidavit or otherwise, such assertion being known to the witness
to be false.
(2) A proceeding is judicial within the meaning of this
section which is held before any Court, or before any judicial
officer or other person having power to take evidence on oath or
affirmation.
(3) A person who commits perjury is liable to imprisonment
for a term not exceeding five (5) years.

140. Fabricating evidence - A person is liable to
imprisonment for a term not exceeding three (3) years
who, with intent to mislead any Court of Justice or any judicial
officer in the exercise of his or her functions as such, fabricates
evidence by any means other than perjury.

141. Conspiring to defeat justice - A person is liable to
imprisonment for a term not exceeding three (3) years who
conspires or attempts to obstruct, prevent, pervert, or defeat the
course of justice in any cause or matter, civil or criminal.

142. Breaking prison - A person is liable to imprisonment
for a term not exceeding five (5) years who by force or violence
breaks any prison with intent to set at liberty himself, herself or
any other person detained therein.

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143. Escape-(1) Anyone is liable to imprisonment for a term
not exceeding two (2) years who, being in lawful custody,
whether in a prison or another place escapes from it.
(2) In this section and section 144 “lawful custody” means
the detention of a person by due process of law, whether the
person be under arrest, police or gaol escort, serving a term of
imprisonment or otherwise; custody under an irregular warrant or
other irregular process shall be deemed to be lawful.

144. Rescue - A person is liable to imprisonment for a term
not exceeding two (2) years who rescues any person from lawful
custody, whether in a prison or another place, or who assists any
person to escape from such custody, or who aids, harbours,
conceals, or shelters any person who has escaped from such
custody, knowing that person to have so escaped.

145. Threatening words or behaviour to member of
parliament or officer - A person is liable to imprisonment for a
term not exceeding six (6) months or to a fine not exceeding 500
penalty units who uses any threatening, abusive or insulting
words or behaviour towards or in respect of any member of
parliament or any officer or employee of the Government, while
he or she is performing any official duty or exercising any
official power.

PART XII
ORGANISED CRIME, CORRUPTION
AND TRANSNATIONAL OFFENDING

146. Participation in organised criminal group-(1) A
person commits an offence and is liable to imprisonment for a
term not exceeding 10 years who participates in an organised
criminal group:
(a) knowing that three (3) or more people share any one
(1) or more of the objectives (the particular
objective or particular objectives) described in
subsection (2)(a) - (d) (whether or not the person
himself or herself shares the particular objective
or particular objectives); and

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(b) either knowing that his or her conduct contributes, or
being reckless as to whether his or her conduct
may contribute, to the occurrence of any criminal
activity; and
(c) either knowing that the criminal activity contributes,
or being reckless as to whether the criminal
activity may contribute, to achieving the particular
objective or particular objectives of the organised
criminal group.
(2) For the purposes of this Act, a group is an organised
criminal group if it is a group of three (3) or more people who
have as their objective or one of their objectives:
(a) obtaining material benefits from the commission of
offences that are punishable by imprisonment; or
(b) obtaining material benefits from conduct outside
Samoa that, if it occurred in Samoa, would
constitute the commission of offences that are
punishable by imprisonment; or
(c) the commission of offences punishable by
imprisonment of a term of five (5) years or more;
or
(d) conduct outside Samoa that, if it occurred in Samoa,
would constitute the commission of offences that
are punishable by imprisonment of a term of five
(5) years or more.
(3) A group of people is capable of being an organised
criminal group for the purposes of this Act whether or not:
(a) some of them are subordinates or employees of others;
or
(b) only some of the people involved in it at a particular
time are involved in the planning, arrangement, or
execution at that time of any particular action,
activity, or transaction; or
(c) its membership changes from time to time.

147. Corrupt use of official information - An official is
liable to imprisonment for a term not exceeding seven (7) years
who, whether within Samoa or elsewhere, corruptly uses or

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discloses any information, acquired by him or her in his official
capacity, to obtain, directly or indirectly, an advantage or a
pecuniary gain for himself or herself or any other person.

148. Use or disclosure of personal information-(1) A
person is liable to imprisonment for a term not exceeding seven
(7) years who:
(a) having received personal information, being
information that comes into that person’s
possession as a result of the commission of an
offence against this Act; and
(b) knowing that the information has been disclosed in
contravention of this Act,
uses or discloses that information to obtain, directly or indirectly,
an advantage or pecuniary gain for that person or any other
person.
(2) It is a defence to a charge under this section if the person
charged proves that the person was legally authorised to use or
disclose the information.
(3) In this section, the term “personal information” means
any information about an identifiable natural person, including a
deceased natural person.

149. Bribery of foreign public official: definitions - For the
purposes of this part of the Act:
“benefit” means any money, valuable consideration, office,
or employment, or any benefit, whether direct or indirect;
“foreign country” includes:
(a) a territory for whose international relations the
government of a foreign country is responsible;
and
(b) an organised foreign area or entity including an
autonomous territory or a separate customs
territory.
“foreign government” includes all levels and subdivisions of
government, such as local, regional, and national
government;

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“foreign public agency” means any person or body, wherever
situated, that carries out a public function under the laws
of a foreign country;
“foreign public enterprise” means:
(a) a company, wherever incorporated, that -
(i) a foreign government is able to control
or dominate (whether by reason of its
ownership of shares in the company, its voting
powers in the company, or its ability to
appoint one (1) or more directors (however
described), or by reason that the directors
(however described) are accustomed or under
an obligation to act in accordance with the
directions of that government, or otherwise);
and
(ii) enjoys subsidies or other privileges
that are enjoyed only by companies, persons,
or bodies to which subparagraph (i) or
paragraph (b)(i) apply; or
(b) a person or body (other than a company), wherever
situated, that -
(i) a foreign government is able to control
or dominate (whether by reason of its ability
to appoint the person or one (1) or more
members of the body, or by reason that the
person or members of the body are
accustomed or under an obligation to act in
accordance with the directions of that
government, or otherwise); and
(ii) enjoys subsidies or other privileges
that are enjoyed only by companies, persons,
or bodies to which subparagraph (i) or
paragraph (a)(i) applies.
“foreign public official” includes any of the following:
(a) a member or officer of the executive, judiciary, or
legislature of a foreign country;
(b) a person who is employed by a foreign government,
foreign public agency, foreign public enterprise,
or public international organisation;

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(c) a person, while acting in the service of or purporting
to act in the service of a foreign government,
foreign public agency, foreign public enterprise,
or public international organisation.
“public international organisation” means any of the
following organisations, wherever situated:
(a) an organisation of which two (2) or more countries or
two (2) or more governments are members, or
represented on the organisation;
(b) an organisation constituted by an organisation to
which paragraph (a) applies or by persons
representing two (2) or more such organisations;
(c) an organisation constituted by persons representing
two (2) or more countries or two (2) or more
governments;
(d) an organisation that is part of an organisation referred
to in any of paragraphs (a) to (c).
“routine government action”, in relation to the performance
of any action by a foreign public official, does not
include:
(a) any decision about -
(i) whether to award new business; or
(ii) whether to continue existing business
with any particular person or body; or
(iii) the terms of new business or existing
business; or
(b) any action that is outside the scope of the ordinary
duties of that official.

150. Bribery in Samoa of foreign public official-(1) A
person is liable to imprisonment for a term not exceeding seven
(7) years who corruptly gives or offers or agrees to give a bribe
to a person with intent to influence a foreign public official in
respect of any act or omission by that official in his or her
official capacity, whether or not the act or omission is within the
scope of the official’s authority, in order to:
(a) obtain or retain business; or
(b) obtain any improper advantage in the conduct of
business.

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(2) This section does not apply if:
(a) the act that is alleged to constitute the offence was
committed for the sole or primary purpose of
ensuring or expediting the performance by a
foreign public official of a routine government
action; and
(b) the value of the benefit is small.
(3) This section is subject to section 146.

151. Bribery outside Samoa of foreign public official-(1) A
person commits an offence who, being a person described in
subsection (2), does, outside Samoa, any act that would, if done
in Samoa, constitute an offence against section 150.
(2) Subsection (1) applies to a person who is:
(a) a citizen of Samoa; or
(b) ordinarily resident in Samoa; or
(c) a body corporate incorporated in Samoa; or
(d) a corporation sole incorporated in Samoa.
(3) A person who is convicted of an offence against this
section is liable to the same penalty to which the person would
have been liable if the person had been convicted of an offence
against section 150.
(4) This section is subject to section 152.

152. Exception for lawful acts in country of foreign public
official-(1) Sections 150 and 151 do not apply if the act that is
alleged to constitute an offence under either of those sections:
(a) was done outside Samoa; and
(b) was not, at the time of its commission, an offence
under the laws of the foreign country in which the
principal office of the person, organisation, or
other body for whom the foreign public official is
employed or otherwise provides services, is
situated.
(2) If a person is charged with an offence under sections 150
or section 151, it is to be presumed, unless the person charged
puts the matter at issue, that the act was an offence under the
laws of the foreign country referred to in subsection (1)(b).

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PART XIII
SMUGGLING AND TRAFFICKING
IN PEOPLE

153. Terms used in this Part of the Act - In this part, unless
the context otherwise requires:
“act of coercion against the person” includes:
(a) abducting the person;
(b) using force in respect of the person;
(c) harming the person; or
(d) threatening the person (expressly or by implication)
with the use of force in respect of, or the harming
of, the person or some other person.
“act of deception” includes fraudulent action;
“arranges for an unauthorised migrant to be brought to
another country” includes:
(a) organises or procures the bringing to a another
country;
(b) recruits for bringing to that or other country; or
(c) carries to that or other country.
“arranges for an unauthorised migrant to enter another
country” includes:
(a) organises or procures the entry into another country;
(b) recruits for entry into that or other country;
(c) carries into that or other country.
“document” includes a thing that is or is intended to be:
(a) attached to a document; or
(b) stamped or otherwise signified on a document.
“harming of a person” means causing harm of any kind to the
person; and (in particular) includes:
(a) causing physical, psychological, or financial harm to
the person;
(b) sexually mistreating the person;
(c) causing harm to the person’s reputation, status, or
prospects.

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“unauthorised migrant”, in relation to another country,
means a person who is neither a citizen of the other
country nor in possession of all the documents required
by or under the law of that or other country for the
person’s lawful entry into that or other country.

154. Smuggling migrants-(1) A person is liable to
imprisonment for a term not exceeding 10 years who arranges for
an unauthorised migrant to enter Samoa or any other country, if
the person:
(a) does so for a material benefit; and
(b) either knows that the person is, or is reckless as to
whether the person is, an unauthorised migrant.
(2) A person is liable to imprisonment for a term not
exceeding 10 years who arranges for an unauthorised migrant to
be brought to Samoa or any other country, if the person:
(a) does so for a material benefit; and
(b) either knows that the person is, or is reckless as to
whether the person is, an unauthorised migrant;
and
(c) either -
(i) knows that the person intends to try to
enter that other country; or
(ii) is reckless as to whether the person
intends to try to enter that other country.
(3) Proceedings may be brought under subsection (1) or
subsection (2) even if the unauthorised migrant did not in fact
enter or was not brought to the country concerned.
(4) A person is liable to imprisonment for a term not
exceeding 10 years or to a fine not exceeding 100 penalty units
or to both, who knowingly facilitates the continued presence or
an unauthorised person in a receiving country in order to obtain a
material benefit.

155. Trafficking in people by means of coercion or
deception-(1) A person is liable to imprisonment for a term not
exceeding 14 years who:

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(a) arranges the entry of a person into Samoa or any other
country by one (1) or more acts of coercion
against the person, one (1) or more acts of
deception of the person, or both; or
(b) arranges, organises, or procures the reception,
concealment, or harbouring in Samoa or any other
country of a person, knowing that the person’s
entry into Samoa or that other country was
arranged by one (1) or more acts of coercion
against the person, one (1) or more acts of
deception of the person, or both.
(2) Proceedings may be brought under this section even if the
person coerced or deceived:
(a) did not in fact enter the state concerned; or (as the
case may be);
(b) was not in fact received, concealed, or harboured in
the state concerned.
(3) Proceedings may be brought under this section even if
parts of the process by which the person coerced or deceived was
brought or came to or towards the state concerned were
accomplished without an act of coercion or deception.

156. Aggravating factors-(1) When determining the
sentence to be imposed on, or other way of dealing with, a
person convicted of an offence against section 154 or 155, a
court must take into account:
(a) whether bodily harm or death (whether to or of a
person in respect of whom the offence was
committed or to or of any other person) occurred
during the commission of the offence; or
(b) whether the offence was committed for the benefit of,
at the direction of, or in association with, an
organised criminal group (within the meaning of
section 146); or
(c) whether a person in respect of whom the offence was
committed was subjected to inhuman or degrading
treatment as a result of the commission of the
offence; or

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(d) if during the proceedings concerned the person was
convicted of the same offence in respect of two
(2) or more people, the number of people in
respect of whom the offence was committed.
(2) When determining the sentence to be imposed on, or
other way of dealing with, a person convicted of an offence
against section 155, a court must also take into account:
(a) whether a person in respect of whom the offence was
committed was subjected to exploitation (for
example, sexual exploitation, a requirement to
undertake forced labour, or the removal of organs)
as a result of the commission of the offence;
(b) the age of the person in respect of whom the offence
was committed and, in particular, whether the
person was under the age of 18 years;
(c) whether the person convicted committed the offence,
or took actions that were part of it, for a material
benefit.
(3) The examples in paragraph (a) of subsection (2) do not
limit the generality of that paragraph.
(4) This section does not limit the matters that a court may
take into account when determining the sentence to be imposed
on, or other way of dealing with, a person convicted of an
offence against section 154 or section 155.

157. Dealing in people under 18 for sexual exploitation,
removal of body parts, or engagement in forced
labour-(1) A person is liable to imprisonment for a term not
exceeding 14 years who:
(a) sells, buys, transfers, barters, rents, hires, or in any
other way enters into a dealing involving a person
under the age of 18 years for the purpose of -
(i) the sexual exploitation of the person; or
(ii) the removal of body parts from the
person; or

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(iii) the engagement of the person in
forced labour; or
(b) engages a person under the age of 18 years in forced
labour; or
(c) permits a person under the age of 18 years to be
engaged in forced labour; or
(d) detains, confines, imprisons, or carries away a person
under the age of 18 years for the purpose of -
(i) the sexual exploitation of the person; or
(ii) the removal of body parts from the
person; or
(iii) the engagement of the person in
forced labour; or
(e) removes, receives, transports, imports, or brings into
any place a person under the age of 18 years for
the purpose of -
(i) the sexual exploitation of the person; or
(ii) the removal of body parts from the
person for a material benefit; or
(iii) the engagement of the person in
forced labour; or
(f) induces a person under the age of 18 years to sell, rent,
or give himself or herself for the purpose
of -
(i) the sexual exploitation of the person; or
(ii) the removal of body parts from the
person for a material benefit; or
(iii) the engagement of the person in
forced labour; or
(g) induces a person to sell, rent, or give another person
(being a person who is under the age of 18 years
and who is dependent on him or her or in his or
her charge) for the purpose of -
(i) the sexual exploitation of the other
person; or

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(ii) the removal of body parts from the
other person; or
(iii) the engagement of the other person in
forced labour; or
(h) builds, fits out, sells, buys, transfers, rents, hires, uses,
provides with personnel, navigates, or serves on
board a ship, aircraft, or other vehicle for the
purpose of doing an act stated in any of
paragraphs (a) to (g); or
(i) agrees or offers to do an act stated in any of
paragraphs (a) to (h).
(2) It is a defence to a charge under this section if the person
charged proves that he or she believed on reasonable grounds
that the person under the age of 18 years concerned was of or
over the age of 18 years.
(3) For the purposes of subsection (1), sexual exploitation, in
relation to a person, includes the following acts:
(a) the taking by any means, or transmission by any
means, of still or moving images of the person
engaged in explicit sexual activities (whether real
or simulated);
(b) the taking by any means or transmission by any
means, for a material benefit, of still or moving
images of the person’s genitalia, anus, or breasts
(not being an act described in subsection (4) or
subsection (5));
(c) the person’s participation in a performance or display
(not being an act described in subsection (4))
that -
(i) is undertaken for a material benefit; and
(ii) involves the exposure of the person’s
genitalia, anus, or breasts;
(d) the person’s undertaking of an activity (such as,
employment in a restaurant) that -
(i) is undertaken for a material benefit; and
(ii) involves the exposure of the person’s
genitalia, anus, or breasts.

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(4) For the purposes of paragraphs (b) and (c) of subsection
(3), sexual exploitation, in relation to a person, does not include
the recording or transmission of an artistic or cultural
performance or display honestly undertaken primarily for
purposes other than the exposure of body parts for the sexual
gratification of viewers.
(5) For the purposes of subsection (3)(b), “sexual
exploitation”, in relation to a person, does not include the taking
or transmission of images of the person’s genitalia, anus, or
breasts for the purpose of depicting a medical condition, or a
surgical or medical technique, for the instruction or information
of health professionals.
(6) For the purposes of subsection (3)(b), “sexual
exploitation”, in relation to a person, does not include the taking
or transmission of images of the person’s genitalia, anus, or
breasts if the images are honestly intended:
(a) to provide medical or health education; or
(b) to provide information relating to medical or health
matters; or
(c) to advertise a product, instrument, or service intended
to be used for medical or health purposes.
(7) The person under the age of 18 years in respect of whom
an offence against this section was committed cannot be charged
as a party to the offence.
(8) This section does not limit or affect the generality of
section 154 and 155.

158. Attorney General’s consent to prosecutions required-
(1) Proceedings for an offence against this Part of the Act cannot
be brought in a court in Samoa without the Attorney-General’s
consent.
(2) A person alleged to have committed an offence against
section 154, 155 or section 157 may be arrested, or a warrant for
the person’s arrest may be issued and executed, and the person
be remanded in custody or on bail, even though the Attorney-
General’s consent to the bringing of proceedings against the
person has not been obtained.

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PART XIV
CRIMES AGAINST THE
RIGHTS OF PROPERTY

159. Interpretation - In this Part, unless the context
otherwise requires:
“dishonestly”, in relation to an act or omission, means done
or omitted without a belief that there was express or
implied consent to, or authority for, the act or omission
from a person entitled to give such consent or authority;
“document” means a document, or part of a document, in
any form; and includes, without limitation:
(a) any paper or other material used for writing or
printing that is marked with matter capable of
being read; or
(b) any photograph, or any photographic negative, plate,
slide, film, or microfilm, or any photostatic
negative; or
(c) any disc, tape, wire, sound track, card, or other
material or device in or on which information,
sounds, or other data are recorded, stored
(whether temporarily or permanently), or
embodied so as to be capable, with or without the
aid of some other equipment, of being
reproduced; or
(d) any material by means of which information is
supplied, whether directly or by means of any
equipment, to any device used for recording or
storing or processing information; or
(e) any material derived, whether directly or by means of
any equipment, from information recorded or
stored or processed by any device used for
recording or storing or processing information.
“obtain”, in relation to any person, means obtain or retain
for the person or for any other person.

160. Matters of ownership-(1) For the purposes of this Part,
a person is to be regarded as the owner of any property that is
stolen if, at the time of the theft, that person has:

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(a) possession or control of the property; or
(b) any interest in the property; or
(c) the right to take possession or control of the property.
(2) An owner of any property may be guilty of theft against
another owner of that property.
(3) Shellfish of all types are capable of being stolen when in
oyster beds, marine farms, layings, and fisheries that are the
property of any person and that are sufficiently marked out or
shown as such property.
(4) Electricity is property capable of being stolen; and a
person commits theft who dishonestly takes, consumes or uses
any electricity.

161. Theft or stealing-(1) Theft or stealing is the act of:
(a) dishonestly taking any property with intent to deprive
any owner permanently of that property or of any
interest in that property; or
(b) dishonestly, using or dealing with any property with
intent to deprive any owner permanently of that
property or of any interest in that property after
obtaining possession of, or control over, the
property in whatever manner.
(2) An intent to deprive any owner permanently of property
includes an intent to deal with property in such a manner that:
(a) the property cannot be returned to any owner in the
same condition; or
(b) any owner is likely to be permanently deprived of the
property or of any interest in the property.
(3) For tangible property, theft is committed by a taking
when the offender moves the property or causes it to be moved.

162. Theft by person in special relationship-(1) This
section applies to any person who has received or is in
possession of, or has control over, any property on terms or in
circumstances that require the person:
(a) to account to any other person for the property, or for
any proceeds arising from the property; or

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(b) to deal with the property, or any proceeds arising from
the property, in accordance with the requirements
of any other person.
(2) A person to whom subsection (1) applies commits theft
who fails to account to the other person as so required or deals
with the property, or any proceeds of the property, otherwise
than in accordance with those requirements.
(3) This section applies whether or not the person was
required to deliver over the identical property received or in the
person’s possession or control.
(4) For the purposes of subsection (1), it is a question of law
whether the circumstances required any person to account or to
act in accordance with any requirements.

163. Theft of animals - A person commits theft if he or she
kills any animal that is the property of any other person with
intent to steal the carcass, skin, or plumage, or any other part, of
the animal.

164. Theft by spouse or partner - A person may be
convicted of theft of another person’s property even though those
persons were married to each other at the time of the theft.

165. Punishment of theft - A person who is convicted of
theft is liable as follows:
(a) in the case of a theft by person in special relationship
under section 162, to imprisonment for a term not
exceeding 10 years; or
(b) if the value of the property stolen exceeds $1,000, to
imprisonment for a term not exceeding seven (7)
years; or
(c) if the value of the property stolen exceeds $500 but
does not exceed $1,000, to imprisonment for a
term not exceeding two (2) years; or
(d) if the value of the property stolen does not exceed
$500, to imprisonment for a term not exceeding
one (1) year; or

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(e) if the property stolen is property stolen by a clerk or
servant which is owned by his or her employer or is
in the possession of his or her employer, to
imprisonment for a term not exceeding 10 years; or
(f) if the property stolen is property in the possession of the
offender as a clerk or servant, or as an officer or
employee of the Government of Samoa or of any
local authority or public body, or as a constable, to
imprisonment for a term not exceeding 10 years.

166. Ineffectual defences to charge of theft - Without in
any way limiting the generality of the foregoing definition of
theft, a person is deemed guilty of theft despite the fact:
(a) that at the time of the theft he or she was in lawful
possession of the property stolen; or
(b) that he or she had himself or herself a lawful interest
in the property stolen, whether as a partner, co-
owner, bailee, bailor, mortgagee, mortgagor, or
otherwise; or
(c) that he or she was a trustee of the property stolen; or
(d) that the property stolen was vested in him or her as an
executor or administrator.

167. Receiving-(1) A person commits the offence of
receiving who receives any property stolen or obtained by any
other crime, knowing that property to have been stolen or so
obtained, or being reckless as to whether or not the property had
been stolen or so obtained.
(2) For the purposes of this section, property that was
obtained by any act committed outside Samoa that, if it had been
committed in Samoa, would have constituted a crime is, subject
to subsection (5), to be regarded as having been obtained by a
crime.
(3) The act of receiving any property stolen or obtained
by any other crime is complete as soon as the offender has,
either exclusively or jointly with the thief or any other person,

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possession of, or control over, the property or helps in concealing
or disposing of the property.
(4) If:
(a) any property stolen or obtained by any other crime has
been returned to the owner; or
(b) legal title to any such property has been acquired by
any person,
a subsequent receiving of it is not an offence, even though the
receiver may know that the property had previously been stolen
or obtained by any other crime.
(5) If a person is charged with an offence under this section
and the property was obtained by an act committed outside
Samoa, it is to be presumed, unless the person charged puts the
matter at issue, that the doing of the act by which the property
was obtained was an offence under the law of the place where
the act was done.

168. Punishment of Receiving - A person who is guilty of
receiving is liable as follows:
(a) if the value of the property exceeds $1,000, to
imprisonment for a term not exceeding seven (7)
years; or
(b) if the value of the property stolen exceeds $500 but
does not exceed $1,000, to imprisonment for a
term not exceeding two (2) years; or
(c) if the value of the property stolen does not exceed
$500, to imprisonment for a term not exceeding
one (1) year; or
(d) if the property received is property owned by the
Government of Samoa or was in the possession of
the Government of Samoa when it was stolen, to
imprisonment for a term not exceeding 10 years.

169. Dishonestly taking or using document - A person is
liable to imprisonment for a term not exceeding seven (7) years
who, with intent to obtain any property, service, pecuniary
advantage, or valuable consideration:
(a) dishonestly takes or obtains any document; or
(b) dishonestly uses or attempts to use any document.

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170. Criminal breach of trust-(1) A person commits a
criminal breach of trust who, as a trustee of any trust, dishonestly
and contrary to the terms of that trust, converts anything to any
use not authorised by the trust.
(2) A trustee who commits a criminal breach of trust is liable
to imprisonment for a term not exceeding seven (7) years.

171. Taking, obtaining, or copying trade secrets-(1) A
person is liable to imprisonment for a term not exceeding seven
(7) years who, with intent to obtain any pecuniary advantage or
to cause loss to any other person:
(a) dishonestly takes, obtains, or copies any document or
any model or other depiction of anything or
process containing or embodying any trade secret,
knowing that it contains or embodies a trade
secret; or
(b) dishonestly takes or obtains any copy of any
document or any model or other depiction of
anything or process containing or embodying any
trade secret, knowing that it contains or embodies
a trade secret.
(2) In this section, “trade secret” means any information that:
(a) is, or has the potential to be, used industrially or
commercially; and
(b) is not generally available in industrial or commercial
use; and
(c) has economic value or potential economic value to the
possessor of the information; and
(d) is the subject of all reasonable efforts to preserve its
secrecy.

172. Obtaining by deception or causing loss by deception-
(1) A person commits the offence of obtaining by deception or
causing loss by deception who, by any deception:
(a) obtains ownership or possession of, or control over,
any property, or any privilege, service, pecuniary
advantage, benefit, or valuable consideration,
directly or indirectly; or

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(b) in incurring any debt or liability, obtains credit; or
(c) induces or causes any other person to deliver over,
execute, make, accept, endorse, destroy, or alter
any document or thing capable of being used to
derive a pecuniary advantage; or
(d) causes loss to any other person.
(2) In this section, “deception” means:
(a) a false representation, whether oral, documentary, or
by conduct, where the person making the
representation intends to deceive any other person
and -
(i) knows that it is false in a material
particular; or
(ii) is reckless as to whether it is false in a
material particular; or
(b) an omission to disclose a material particular, with
intent to deceive any person, in circumstances
where there is a duty to disclose it; or
(c) a fraudulent device, trick, or stratagem used with
intent to deceive any person.

173. Punishment of obtaining by deception or causing loss
by deception - A person who is convicted of obtaining by
deception or causing loss by deception is liable as follows:
(a) if the loss caused or the value of what is obtained or
sought to be obtained exceeds $1,000, to
imprisonment for a term not exceeding seven (7)
years;
(b) if the loss caused or the value of what is obtained or
sought to be obtained exceeds $500 but does not
exceed $1,000, to imprisonment for a term not
exceeding two (2) years;
(c) if the loss caused or the value of what is obtained or
sought to be obtained does not exceed $500, to
imprisonment for a term not exceeding one (1)
year.

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174. Burglary-(1) A person commits burglary and is liable to
imprisonment for a term not exceeding 10 years who:
(a) enters any building or ship, or part of a building or
ship, without authority and with intent to commit
a crime in the building or ship; or
(b) having entered any building or ship, remains in it
without authority and with intent to commit a
crime in the building or ship.
(2) In this section and in section 175, “building” means any
building or structure of any description, whether permanent or
temporary; and includes a tent, caravan, or houseboat; and also
includes any enclosed yard or any closed cave or closed tunnel.
(3) For the purposes of this section and section 175,:
(a) entrance into a building or ship is made as soon as any
part of the body of the person making the
entrance, or any part of any instrument used by
that person, is within the building or ship; and
(b) a person who gains entrance to a building or ship by
any threat or artifice used for that purpose is to be
treated as having entered without authority.

175. Aggravated burglary-(1) A person is liable to
imprisonment for a term not exceeding 14 years who:
(a) while committing burglary, has a weapon with him or
her or uses anything as a weapon; or
(b) having committed burglary, has a weapon with him or
her, or uses anything as a weapon, while still in
the building or ship.
(2) A person is liable to imprisonment for a term not
exceeding seven (7) years who is armed with a weapon with
intent to commit burglary.
176. Robbery-(1) Robbery is theft accompanied by violence
or threats of violence, to any person or property, used to extort
the property stolen or to prevent or overcome resistance to its
being stolen.
(2) A person who commits robbery is liable to imprisonment
for a term not exceeding 10 years.

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177. Aggravated robbery - A person is liable to
imprisonment for a term not exceeding 14 years who:
(a) robs any person and, at the time of, or immediately
before or immediately after, the robbery, causes
grievous bodily harm to any person; or
(b) being together with any other person or persons, robs
any person; or
(c) being armed with any offensive weapon or instrument,
or anything appearing to be such a weapon or
instrument, robs any other person.
178. Unlawful entry of building by night - A person is
liable to imprisonment for a term not exceeding five (5) years
who unlawfully enters or is in any building by night with intent
to commit a criminal offence in it, or who is found by night in
any building without lawful justification for the person’s
presence there.
179. Assault with intent to rob-(1) A person is liable to
imprisonment for a term not exceeding 14 years who, with intent
to rob any person,:
(a) causes grievous bodily harm to that person or any
other person; or
(b) being armed with any offensive weapon or
instrument, or anything appearing to be such a
weapon or instrument, assaults that person or any
other person; or
(c) being together with any other person or persons,
assaults that person or any other person.
(2) A person who assaults any other person with intent to rob
that other person or any other person is liable to imprisonment
for a term not exceeding 10 years.

180. Demanding with intent to steal, etc-(1) A person is
liable to imprisonment for a term not exceeding 10 years who, by
force or with any threat, compels any other person to execute,
make, accept, endorse, alter, or destroy any document capable of
conferring a pecuniary advantage with intent to obtain any
benefit.

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(2) Anyone is liable to imprisonment for a term not
exceeding five (5) years who, with menaces or by any threat,
demands any property from any persons with intent to steal it.

181. Blackmail-(1) A person commits blackmail who
threatens, expressly or by implication, to make any accusation
against any other person (whether living or dead), to disclose
something about another person (whether living or dead), or to
cause serious damage to property or endanger the safety of
another person with intent:
(a) to cause the person to whom the threat is made to act
in accordance with the will of the person making
the threat; and
(b) to obtain any benefit or to cause loss to any other
person.
(2) Anyone who acts in the manner described in subsection
(1) is guilty of blackmail, even though that person believes that
he or she is entitled to the benefit or to cause the loss, unless the
making of the threat is, in the circumstances, a reasonable and
proper means for effecting his or her purpose.
(3) In this section and in section 180, “benefit” means any
benefit, pecuniary advantage, privilege, property, service, or
valuable consideration.
(4) A person who commits blackmail is liable to
imprisonment for a term not exceeding seven (7) years.

PART XV
CRIMES INVOLVING DAMAGE OR
DANGER TO PROPERTY OR TRANSPORT

182. Arson-(1) A person commits arson and is liable to
imprisonment for a term not exceeding 14 years who:
(a) intentionally or recklessly damages by fire or by
means of any explosive any property if the person
knows or ought to know that danger to life is
likely to ensue; or
(b) intentionally or recklessly, damages by fire or by
means of any explosive any immovable property,
or any vehicle, ship, or aircraft; or

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(c) intentionally damages by fire or by means of any
explosive any immovable property, or any
vehicle, ship or aircraft, with intent to obtain any
benefit, or to cause loss to any other person.
(2) A person commits arson and is liable to imprisonment for
a term not exceeding seven (7) years who:
(a) intentionally or recklessly, damages by fire or by
means of any explosive any property (other than
property referred to in subsection (1)); or
(b) intentionally or recklessly damages by fire or by
means of any explosive any property (other than
property referred to in subsection (1)) with intent
to obtain any benefit, or with intent to cause loss
to any other person.
(3) A person is liable to imprisonment for a term not
exceeding 10 years who intentionally damages by fire or by
means of any explosive any property with reckless disregard for
the safety of any other property.
(4) In this section “benefit” means any benefit, pecuniary
advantage, privilege, property, service, or valuable consideration.

183. Attempted arson - A person is liable to imprisonment
for a term not exceeding 10 years who attempts to commit arson
in respect of any immovable property or any vehicle, ship, or
aircraft.

184. Intentional damage-(1) A person is liable to
imprisonment for a term not exceeding 14 years who
intentionally or recklessly destroys or damages any property if
the person knows or ought to know that danger to life is likely to
result.
(2) A person is liable to imprisonment for a term not
exceeding seven (7) years who:
(a) intentionally or recklessly, destroys or damages any
property; or
(b) intentionally or recklessly, destroys or damages any
property with intent to obtain any benefit, or with
intent to cause loss to any other person.

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(3) A person is liable to imprisonment for a term not
exceeding seven (7) years who intentionally destroys or damages
any property with reckless disregard for the safety of any other
property.

185. Endangering transport-(1) A person is liable to
imprisonment for a term not exceeding 14 years who, with intent
to cause danger to persons or property or with reckless disregard
for the safety of persons or property:
(a) interferes with any transport facility; or
(b) does anything to any transport facility that is likely to
cause danger to persons or property.
(2) For the purposes of this section, “transport facility”
means any vehicle, ship, or aircraft, and any property used in
connection with the transportation of persons or goods; and
includes equipment of any kind used in navigation or for the
guidance of any vehicle, ship, or aircraft.

186. Causing disease or sickness in animals-(1) A person is
liable to imprisonment for a term not exceeding seven (7) years
who, without lawful justification or reasonable excuse, directly
or indirectly causes or produces in an animal a disease or
sickness that causes a situation of a kind described in subsection
(2) to occur, either:
(a) intending a situation of that kind to occur; or
(b) being reckless as to whether a situation of that kind
occurs.
(2) A situation of a kind referred to in subsection (1) is a
situation that:
(a) constitutes a serious risk to the health or safety of an
animal population; and
(b) is likely, directly or indirectly, to cause major damage
to the national economy of Samoa.
187. Contaminating food, crops, water, or other products
- A person is liable to imprisonment for a term not exceeding
seven (7) years who contaminates food, crops, water,
or any other products, without lawful justification or reasonable

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excuse, and either knowing or being reckless as to whether the
food, crops, water, or products are intended for human
consumption, and:
(a) intending to harm a person or reckless as to whether
any person is harmed; or
(b) intending to cause major economic loss to a person or
reckless as to whether major economic loss is
caused to any person; or
(c) intending to cause major damage to the national
economy of Samoa or reckless as to whether
major damage is caused to the national economy
of Samoa.
PART XVI
THREATENING HARM TO
PERSONS OR PROPERTY
188. Threatening to kill or do grievous bodily harm - A
person is liable to imprisonment for a term not exceeding five (5)
years who:
(a) threatens to kill or do grievous bodily harm to any
person; or
(b) sends or causes to be received, knowing the contents
thereof, any letter or writing containing any threat
to kill or do grievous bodily harm to any person.

189. Threatening to destroy property-(1) A person is liable
to imprisonment for a term not exceeding three (3) years who
sends or causes to be received, knowing the contents thereof, any
letter or writing threatening to destroy or damage any property,
or to destroy or injure any animal.
(2) Nothing shall be an offence against subsection (1) unless
it is done without lawful justification or excuse, and without
claim of right.

190. Threats of harm to people or property-(1) A person is
liable to imprisonment for a term not exceeding five (5)
years if, without lawful justification or reasonable excuse, and

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intending to achieve the effect stated in subsection (2), the
person:
(a) threatens to do an act likely to have one (1) or more of
the results described in subsection (3); or
(b) communicates information -
(i) that purports to be about an act likely to
have one (1) or more of the results described
in subsection (3); and
(ii) that the person believes to be false.
(2) The effect is causing a significant disruption of one (1) or
more of the following things:
(a) the activities of the civilian population of Samoa;
(b) something that is or forms part of an infrastructure
facility in Samoa;
(c) civil administration in Samoa (whether administration
undertaken by the Government of Samoa or by
institutions such as local authorities); or
(d) commercial activity in Samoa (whether commercial
activity in general or commercial activity of a
particular kind).
(3) The results are:
(a) creating a risk to the health of one (1) or more people;
(b) causing major property damage;
(c) causing major economic loss to one (1) or more
persons; or
(d) causing major damage to the national economy of
Samoa.
(4) The fact that a person engages in any protest, advocacy,
or dissent, or engages in any strike, lockout, or other industrial
action, is not, by itself, a sufficient basis for inferring that a
person has committed an offence against subsection (1).

191. Threatening acts - A person is liable to imprisonment
for a term not exceeding three (3) years who, with intent to
intimidate or annoy any other person,:
(a) breaks or damages or threatens to break or damage
any dwellinghouse; or

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(b) by the discharge of firearms, alarms or attempts to
alarm any person in any dwellinghouse.

192. Conspiring to prevent collection of rates or
taxes - Any person is liable to imprisonment for a term not
exceeding two (2) years who conspires with any other person by
force or intimidation to prevent the collection of any rates or
taxes the levying and collection of which is authorised by law.
PART XVII
FORGERY AND FALSE DOCUMENTS
193. Interpretation - For the purposes of this Part:
“bank note” means any negotiable instrument used or
intended for use as currency and issued by the Central
Bank of Samoa, or by any bank in any country other than
Samoa, or by the government of any such country, or by
any other authority in Samoa or another country
authorised by law to issue notes;
“false document” means a document:
(a) of which the whole or any material part purports to be
made by any person who did not make it, or by a
fictitious person; or
(b) of which the whole or any material part purports to be
made by or on behalf of any person who did not
authorise its making, or on behalf of a fictitious
person; or
(c) of which the whole or any material part has been
altered, whether by addition, insertion, deletion,
obliteration, erasure, removal, or otherwise, and
that purports to have been altered by or on behalf
of a person who did not alter it or authorise its
alteration, or by or on behalf of a fictitious person;
or
(d) that is, in whole or in part, a reproduction of any other
document, and that purports to have been made by
or on behalf of a person who did not make it or
authorise its making, or by or on behalf of a
fictitious person; or

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(e) that is made in the name of a person, either by that
person or by that person’s authority, with the
intention that it should pass as being made by
some other person who did not make it, or by a
fictitious person.

194. Forgery-(1) A person is liable to imprisonment for a
term not exceeding 10 years who makes a false document with
the intention of using it to obtain any property, privilege, service,
pecuniary advantage, benefit, or valuable consideration.
(2) A person is liable to imprisonment for a term not
exceeding 10 years who makes a false document, knowing it to
be false, with the intent that it in any way be used or acted upon,
whether in Samoa or another country, as genuine.
(3) Forgery is complete as soon as the document is made with
the intent described in subsection (1) or with the knowledge and
intent described in subsection (2).
(4) Forgery is complete even though the false document may
be incomplete, or may not purport to be such a document as
would be binding or sufficient in law, if it is so made and is such
as to indicate that it was intended to be acted upon as genuine.

195. Using forged documents-(1) A person is liable to
imprisonment for a term not exceeding seven (7) years who,
knowing a document to be forged:
(a) uses the document to obtain any property, privilege,
service, pecuniary advantage, benefit, or valuable
consideration; or
(b) uses, deals with, or acts upon the document as if it
were genuine; or
(c) causes any other person to use, deal with, or act upon
it as if it were genuine.
(2) For the purposes of this section, a document made or
altered outside Samoa in a manner that would have amounted to
forgery if the making or alteration had been done in Samoa is to
be regarded as a forged document.

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196. Altering, concealing, destroying, or reproducing
documents with intent to deceive-(1) A person is liable to
imprisonment for a term not exceeding seven (7) years who, with
intent to obtain by deception any property, privilege, service,
pecuniary advantage, benefit, or valuable consideration, or to
cause loss to any other person:
(a) alters, conceals, or destroys any document, or causes
any document to be altered, concealed, or
destroyed; or
(b) makes a document or causes a document to be made
that is, in whole or in part, a reproduction of any
other document.
(2) An offence against subsection (1) is complete as soon as
the alteration or document is made with the intent referred to in
that subsection, although the offender may not have intended that
any particular person should:
(a) use or act upon the document altered or made; or
(b) act on the basis of the absence of the document
concealed or destroyed; or
(c) be induced to do or refrain from doing anything.

197. Using altered or reproduced documents with intent
to deceive-(1) A person is liable to imprisonment for a term not
exceeding seven (7) years who, knowing any document to have
been made or altered in the manner and with the intent referred
to in section 196, with intent to obtain by deception any property,
privilege, service, pecuniary advantage, benefit, or valuable
consideration, or to cause loss to any other person:
(a) uses, or deals with, or acts upon, the document; or
(b) causes any person to use or deal with, or act upon, the
document.
(2) For the purposes of this section, it does not matter that the
document was altered or made outside Samoa.

198. False accounting - A person is liable to imprisonment
for a term not exceeding seven (7) years who, with intent to
obtain by deception any property, privilege, service, pecuniary
advantage, benefit, or valuable consideration, or to deceive or
cause loss to any other person:

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(a) makes or causes to be made, or concurs in the making
of, any false entry in any book or account or other
document required or used for accounting
purposes; or
(b) omits or causes to be on-fitted, or concurs in the
omission of, any material particular from any such
book or account or other document; or
(c) makes any transfer of any interest in a stock,
debenture, or debt in the name of any person other
than the owner of that interest.

199. Counterfeiting public seals - A person is liable to
imprisonment for a term not exceeding seven (7) years who:
(a) unlawfully makes or counterfeits -
(i) any public seal in use at any time in
Samoa or any other country; or
(ii) any seal or stamp used in Samoa or
any other country by any court, local
authority, public body, or public officer; or
(iii) the impression of any such seal or
stamp; or
(b) uses any such seal, stamp, or impression, knowing it
to be counterfeit.

200. Counterfeiting corporate seals - A person is liable to
imprisonment for a term not exceeding five (5) years who:
(a) unlawfully makes or counterfeits -
(i) any seal or stamp used in Samoa or any
other country by any company or other
corporate body (not being a body to which
section 199 applies), or by any other person;
or
(ii) the impression of the seal or stamp; or
(b) uses the seal, stamp, or impression, knowing it to be
counterfeit.

201. Possessing forged bank notes - A person is liable to
imprisonment for a term not exceeding five (5) years
who, without lawful authority or excuse (the proof of the lawful

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authority or excuse lying on the person), purchases or receives
from any other person, or has in his or her possession or under
his or her control, any forged bank note, whether complete or
not, knowing it to be forged.

202. Paper or implements for forgery - A person is liable
to imprisonment for a term not exceeding five (5) years who,
without lawful authority or excuse, has in his or her possession
or under his or her control anything capable of being used to
forge any document with intent to use it for such a purpose.

203. Imitating authorised or customary marks-(1) A
person is liable to imprisonment for a term not exceeding five (5)
years who dishonestly counterfeits or imitates any mark, word, or
description that is:
(a) impressed or otherwise made, or written upon, or
affixed to, any chattel, or upon or to any thing
containing or connected with any chattel; and
(b) a mark, word, or description that is by recognised
practice understood to denote that the thing upon
or to which it is impressed, made, written, or
affixed has been examined and certified to be of a
particular quality by any particular officer or other
person.
(2) Subsection (1) applies whether the officer or other person
referred to in subsection (1)(b) is or is not expressly authorised
by law to so certify.

204. Offences involving coinage-(1) In this section:
“counterfeit coin” includes any coin that has been altered in
any manner so as to resemble any other coin;
“current coin” means coin of any substance lawfully current
in Samoa or in any other country.
(2) In this section:
(a) a thing is treated as being in the possession of any
person if that person has it in his or her personal
custody or possession, or if that person
knowingly has it in the actual custody or
possession of any other person, or in some place

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(whether or not that person occupies the place),
for the use or benefit of himself or herself or any
other person;
(b) a coin is deemed to be made or counterfeited even
though the making or counterfeiting has not been
finished or perfected.
(3) A person is liable to imprisonment for a term not
exceeding five (5) years who:
(a) makes or counterfeits any coin resembling any current
coin with the intention that it be acted upon as
genuine; or
(b) without lawful authority or excuse, has in his or her
possession or under his or her control any thing
intended to be used to make or counterfeit any
coin resembling any current coin, with intent to
use it for such a purpose.
(4) A person is liable to imprisonment for a term not
exceeding five (5) years who, without lawful authority or excuse:
(a) buys, sells, or receives, or offers to buy, sell, or
receive, any counterfeit coin resembling any
current coin at or for a lower rate or value than the
counterfeit coin purports to be; or
(b) imports or receives into Samoa any counterfeit coin
resembling any current coin, knowing it to be
counterfeit; or
(c) exports from Samoa, or puts on board any ship or
aircraft for the purpose of being exported, any
counterfeit coin resembling any current coin,
knowing it to be counterfeit.
(5) A person is liable to imprisonment for a term not
exceeding five (5) years who:
(a) passes or attempts to pass any counterfeit coin
knowing it to be counterfeit; or
(b) passes or attempts to pass as current coin any coin that
is not current coin or any piece of metal or other
substance, knowing that it is not current coin.

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(6) A person is liable to imprisonment for a term not
exceeding five (5) years who has in his or her possession or
under his or her control any counterfeit coin, knowing it to be
counterfeit and intending to pass it as genuine.

PART XVIII
CRIMES INVOLVING
ELECTRONIC SYSTEMS

205. Interpretation - Unless the context otherwise requires,
for the purpose of this Part:
“access”, in relation to an electronic system, means instruct,
communicate with, store data in, receive data from, or
otherwise make use of any of the resources of the
electronic system;
“device” includes the following:
(a) components of electronic systems such as computer,
mobile phones, graphic cards, memory, chips;
(b) storage components such as hard drives, memory
cards, compact discs, tapes;
(c) input devices such as keyboards, mouse, track pad,
scanner, digital cameras;
(d) output devices such as printer, screens.
“electronic data” means any representation of facts, concepts,
information (either texts, sounds or images), or machine-
readable code or instructions, in a form suitable for
processing in an electronic system, including a program
suitable to cause an electronic system to perform a
function;
“electronic system” includes the following and any part of the
following:
(a) a device or a group of inter-connected or related
devices one (1) or more of which, pursuant to a
program, performs automatic processing of data or
any other function;
(b) a computer;
(c) two (2) or more interconnected electronic systems;
(d) any communication links between electronic systems
or to remote terminals or another device;

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(e) two (2) or more interconnected electronic systems
combined with any communication links between
computers or to remote terminals or any other
device.
“hinder”, in relation to an electronic system, includes the
following:
(a) cutting the electricity supply to an electronic system;
(b) causing electromagnetic interference to an electronic
system;
(c) corrupting an electronic system by any means; and
(d) inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing electronic
data.
“intercept” includes to acquire, view and capture any
electronic data or communication whether by wire,
wireless, electronic, optical, magnetic, oral, or other
means, during transmission through the use of any
technical device.

206. Accessing electronic system without authorisation-(1)
A person is liable to imprisonment for a term not exceeding
seven (7) years who intentionally accesses, directly or indirectly,
an electronic system without authorisation, or being reckless as
to whether he or she is authorised to access the electronic system.
(2) This section does not apply if:
(a) a person who is authorised to access an electronic
system accesses the electronic system for a
purpose other than the one for which that person
was given access; and
(b) access to an electronic system is gained by a law
enforcement agency -
(i) under a warrant; or
(ii) under the authority of any Act or rule
of the common law.

207. Accessing electronic system for dishonest
purpose-(1) A person is liable to imprisonment for a term not
exceeding seven (7) years who, directly or indirectly:

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(a) accesses an electronic system and in so doing,
dishonestly or by deception -
(i) obtains any property, privilege, service,
pecuniary advantage, benefit, or valuable
consideration; or
(ii) causes loss to any other person; or
(b) attempts to access an electronic system, dishonestly or
by deception -
(i) to obtain any property, privilege,
service, pecuniary advantage, benefit, or
valuable consideration; or
(ii) to cause loss to any other person.
(2) In this section, “deception” has the same meaning as in
section 172(2).
(3) This section does not apply if:
(a) a person who is authorised to access an electronic
system accesses the electronic system for a
purpose other than the one for which that person
was given access; and
(b) access to an electronic system is gained by a law
enforcement agency -
(i) under a warrant; or
(ii) under the authority of any Act or rule
of the common law.

208. Illegal remaining in an electronic system-(1) A person
is liable to imprisonment for a period not exceeding seven (7)
years who intentionally, without lawful excuse or justification or
in excess of a lawful excuse or justification:
(a) logs into and remains logged in an electronic system;
or
(b) accesses and continues to remain in access to an
electronic system.
(2) This section does not apply if:
(a) a person who is authorised to access an electronic
system accesses the electronic system for a
purpose other than the one for which that person
was given access; and

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(b) access to an electronic system is gained by a law
enforcement agency -
(i) under a warrant; or
(ii) under the authority of any Act or rule
of the common law.

209. Illegal interception - A person is liable to
imprisonment for a term not exceeding seven (7) years who
intentionally, without right and with dishonest or otherwise
unlawful intent, intercept or attempt to intercept:
(a) a transmission not intended for public reception of
electronic data to, from or within an electronic
system; or
(b) electromagnetic emissions from an electronic system.

210. Damaging or interfering with electronic data - A
person is liable to imprisonment for a term not exceeding
seven (7) years who intentionally or recklessly and without
authorisation, or being reckless as to whether or not he or she is
authorised:
(a) damages or deteriorates electronic data; or
(b) deletes electronic data; or
(c) alters electronic data; or
(d) renders electronic data meaningless, useless or
ineffective; or
(e) obstructs, interrupts or interferes with the lawful use
of electronic data; or
(f) obstructs, interrupts or interferes with any person in
the lawful use of electronic data; or
(g) denies access to electronic data to any person
authorised to access it.

211. Illegal acquisition of electronic data - A person is
liable to imprisonment for a term not exceeding seven (7) years
who intentionally and without authorisation, obtains for himself,
herself or for another, electronic data which are not meant for
him or her and which are specially protected against unauthorised
access.

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212. Illegal system interference-(1) A person is liable to
imprisonment for a term not exceeding seven (7) years who
intentionally and without authorisation hinders or interferes:
(a) with the functioning of an electronic system if he or
she knows or ought to know that danger to life is
likely to result; or
(b) with a person who is lawfully using or operating an
electronic system if he or she knows or ought to
know that danger to life is likely to result; or
(c) with an electronic system that is exclusively for the
use of critical infrastructure operations, or in the
case in which such is not exclusively for the use
of critical infrastructure operations, but it is used
in critical infrastructure operations and such
conduct affects that use or impacts the operations
of critical infrastructure.
(2) For the purpose of subsection (1)(c), “critical
infrastructure” means electronic systems, devices, networks,
electronic programs, and electronic data, that are so vital to the
country that the incapacity or destruction of or interference with
such systems and assets would have a debilitating impact on
security, national or economic security, national public health
and safety, or any combination of those matters.

213. Illegal devices - A person is liable to imprisonment for a
term not exceeding seven (7) years who intentionally and without
authorisation produces, sells, procures for use, imports,
distributes or otherwise makes available, or attempts to use,
possess, produce, sell, procure for use, import, distribute or
otherwise make available:
(a) a device, including an electronic program, that is
designed or adapted for the purpose of committing
an offence; or
(b) a password, access code or similar data by which the
whole or any part of an electronic system is
capable of being accessed with the intent that it be
used by the person or another person for the
purpose of committing an offence.

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214. Making, selling, distributing or possessing software
for committing a crime-(1) A person is liable to imprisonment
for a term not exceeding seven (7) years who does any of the
following with the sole or principal use of which the person
knows to be the commission of a crime, knowing or being
reckless as to whether it will be used for the commission of a
crime:
(a) invites another person to acquire from the person any
software or other electronic information that
would enable the other person to access an
electronic system without authorisation;
(b) offers or exposes for sale or supply to another person
any software or other electronic information that
would enable the other person to access an
electronic system without authorisation;
(c) agrees to sell or supply to another person any software
or other electronic information that would enable
the other person to access an electronic system
without authorisation;
(d) sells or supplies to another person any software or
other electronic information that would enable the
other person to access an electronic system
without authorisation;
(e) has in his or her possession for the purpose of sale or
supply to another person any software or other
electronic information that would enable the other
person to access an electronic system without
authorisation.
(2) A person is liable to imprisonment for a term not
exceeding seven (7) years who:
(a) has in his or her possession any software or other
electronic information that would enable him or
her to access an electronic system without
authorisation; and
(b) intends to use that software or other electronic
information to commit a crime.

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215. Identity fraud-(1) A person commits an offence and is
liable to imprisonment for a term not exceeding five (5) years
who knowingly obtains, transfers or possesses another person’s
identity information in circumstances giving rise to a reasonable
inference that the information is intended to be used to commit
an offence that includes fraud, deceit, or falsehood as an element
of the offence.
(2) A person commits an offence and is liable to
imprisonment for a term not exceeding 10 years who dishonestly
or fraudulently personates another person, living or dead:
(a) with intent to gain advantage for himself, herself or
another person; or
(b) with intent to obtain any property or an interest in any
property; or
(c) with intent to cause disadvantage to the person being
personated or another person; or
(d) with intent to avoid arrest or prosecution or to
obstruct, pervert or defeat the course of justice.
(3) A person is liable to imprisonment for a period not
exceeding seven (7) years who, intentionally without lawful
excuse or justification or in excess of a lawful excuse or
justification, by using an electronic system in any stage of the
offence, transfers, possesses, or uses a means of identification of
another person with the intent to commit, or to aid or abet, or in
connection with, any unlawful activity that constitutes a crime.
(4) A person is liable to imprisonment for a term not
exceeding seven (7) years who intentionally, without
authorisation and with fraudulent or dishonest intent of
procuring, without right, an economic benefit for oneself or for
another person, causes a loss of property to another person by:
(a) any input, alteration, deletion or suppression of
electronic data; or
(b) any interference with the functioning of an electronic
system.

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216. Forgery of electronic data - A person is liable to
imprisonment for a term not exceeding seven (7) years who
intentionally and without authorisation, inputs, alters, deletes, or
suppresses electronic data, resulting in inauthentic data with the
intent that it be considered or acted upon for legal purposes as if
it were authentic, regardless of whether or not the data is directly
readable and intelligible.

217. SPAM-(1) A person is liable to imprisonment for a term
not exceeding five (5) years or to a fine of not more than 100
penalty units, or both, who intentionally:
(a) initiates the transmission of multiple electronic
messages from or through an electronic system
with the intent to deceive or mislead users, or any
electronic mail or Internet service provider, as to
the origin of the messages; or
(b) uses a protected electronic system to relay or
retransmit multiple electronic messages, with the
intent to deceive or mislead users, or any
electronic mail or Internet service provider, as to
the origin of such messages; or
(c) materially falsifies header information in multiple
electronic messages and intentionally initiates the
transmission of such messages.
(2) For the purpose of this section, “multiple electronic
message” means an electronic mail message including E-Mail
and instant messaging sent to more than 1,000 recipients.

218. Solicitation of children - A person is liable to
imprisonment for a term not exceeding seven (7) years
who intentionally, through the use of information and
communication technology, proposes to a child to meet him or
her, with the intent of committing an offence and where such
proposal has been followed by material acts leading to such
meeting.

219. Harassment utilising means of electronic
communication - A person is liable to imprisonment for a
term not exceeding five (5) years who intentionally initiates any

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electronic communication, with the intent to coerce, intimidate,
harass, or cause substantial emotional distress to a person, using
an electronic system to support severe, repeated, and hostile
behaviour.

220. Consequential amendments to the
Telecommunications Act 2005 - In section 74(1) of the
Telecommunications Act 2005:
(a) in the section heading, omit “and Computer”;
(b) in paragraph (b), omit “or computer system” and “or
computer”;
(c) in paragraph (c), for “or computer date” substitute
“data”, and for “a computer system” substitute “an
electronic system”;
(d) in paragraph (d), for “or computer date” substitute
“data”;
(e) in paragraph (e), omit “or computer system” and “or
computer”;
(f) in paragraph (g), omit -
(i) “computer” before the term
“password”; and
(ii) “or computer system”.
PART XIX
MISCELLANEOUS PROVISIONS

221. Consent of Attorney-General to prosecutions-(1) No
information shall, by virtue only of the provisions of this Act, be
laid against any person who:
(a) whether or not the person is a Samoan citizen or a
person ordinarily resident in Samoa, is alleged to
have committed outside Samoa an offence on
board or by means of any ship or aircraft which is
not a Samoan ship or a Samoan aircraft, or an
offence to which section 7(3) applies; or
(b) whether or not he or she is a Samoan citizen or a
person ordinarily resident in Samoa, is alleged to
have committed, anywhere within Samoa or in
the space above Samoa, an offence on board or

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by means of any ship or aircraft which belongs to
the government of any country other than Samoa
or is held by any person on behalf or for the
benefit of that government, whether or not the
ship or aircraft is for the time being used as a ship
or aircraft of any of the armed forces of that
country,
except with the consent of the Attorney-General and on the
Attorney General’s certificate that it is expedient that the
proceedings should be instituted; and where the proceedings
would be instituted only by virtue of the jurisdiction conferred by
paragraph (c) of section 7(1).
(2) For the purposes of subsection (1) a person alleged to
have committed any such offence may be arrested, or a warrant
for the person’s arrest may be issued and executed, and the
person may be remanded in custody or on bail, notwithstanding
that the consent of the Attorney-General to the laying of an
information for the offence has not been obtained; but no further
or other proceedings shall be taken until that consent has been
obtained.

222. Contempt of Court-(1) If any person:
(a) assaults, threatens, intimidates, or wilfully insults a
Judge, or any Registrar, or any officer of the
court, or any assessor, or any witness, during his
or her sitting or attendance in court, or in going to
or returning from the court; or
(b) wilfully interrupts or obstructs the proceedings of the
court or otherwise misbehaves in court; or
(c) wilfully and without lawful excuse disobeys any order
or direction of the court in the course of the
hearing of any proceedings,
any constable or officer of the court, with or without the
assistance of any other person, may, by order of the Judge, take
the offender into custody and detain the person until the rising of
the court.
(2) In any such case as aforesaid, the Judge, if he or she
thinks fit, may sentence the offender to imprisonment for any
period not exceeding three (3) months, or sentence him or her to

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pay a fine not exceeding 10 penalty units for every such offence;
and in default of payment of any such fine may direct that the
offender be imprisoned for any period not exceeding three (3)
months, unless the fine is sooner paid.
(3) Nothing in this section shall limits or affects any power or
authority of the court to punish any person for contempt of court
in any case to which this section does not apply.

223. Regulations-(1) The Head of State, acting on the advice
of Cabinet may make regulations not inconsistent with this Act to
provide for such matters as are required or contemplated by this
Act or are necessary for giving full effect to the provisions of this
Act and for its due administration.
(2) Without limiting the general power to make regulations
conferred by this section, regulations may be made under this
section:
(a) prescribing forms to be used in respect of any
proceedings to which this Act applies;
(b) prescribing fees to be paid in respect of any
proceedings to which this Act applies;
(c) prescribing the fees, travelling allowances, and
expenses payable to interpreters and to persons
giving evidence in proceedings to which this Act
applies; and
(d) prescribing the costs and charges payable by parties in
proceedings to which this Act applies.

224. Repeal of the Crimes Ordinance 1961 - The Crimes
Ordinance 1961 is repealed (“repealed Ordinance”).

225. Proceedings pursuant to the repealed Ordinance -
Section 226 applies if:
(a) an enactment that forms a part of this Act and that
creates an offence is repealed and is replaced by,
or is consolidated in, a new enactment, whether in
the same or a different form; and -

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(i) proceedings are commenced for an
offence contrary to the repealed Ordinance in
reliance on section 20A of the Acts
Interpretation Act 1974; or
(ii) proceedings are commenced for an
offence contrary to the new enactment; or
(iii) proceedings are commenced for an
offence contrary to the repealed Ordinance in
reliance on section 20A of the Acts
Interpretation Act 1974 and, in the alternative,
for an offence contrary to the new enactment;
and
(b) the date of the act or omission by the defendant
constituting the alleged offence cannot be
established with sufficient certainty to determine
whether it occurred before the repeal of the
repealed Ordinance or after the commencement of
the new Act.

226. Repealed Ordinance continue to have effect-(1) The
repealed Ordinance referred to in section 225 continues to have
effect for the purposes of the proceedings.
(2) The defendant may be found guilty or convicted of the
offence created by the repealed Ordinance if the defendant’s act
or omission:
(a) would have constituted an offence under both the
repealed Ordinance and the new enactment
referred to in section 225(a); and
(b) occurred on a date that cannot be established with
certainty but that is established to have occurred
either after the commencement of the repealed
Ordinance and before its repeal or after the
commencement of the new enactment and before
its repeal.
(3) If subsection (1) applies, the defendant is entitled to raise
any defence to the repealed Ordinance that the defendant would
be entitled to raise under the new enactment, if that defence is
relevant to the repealed Ordinance.

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(4) A defendant found guilty or convicted, in accordance
with this section, of an offence created by the repealed Ordinance
is liable to a maximum penalty which is the lesser of that
prescribed for the offence of which the defendant is found guilty
or convicted and that prescribed for the corresponding offence
created under the new enactment.
227. Consequential amendments-(1) The Acts Interpretation
Act 1974 is amended by inserting after section 20 the following:

“20A. Effect of repeal on prior offences and breaches of
enactments-(1) The repeal of an enactment does not affect a
liability to a penalty for an offence or for a breach of an
enactment committed before the repeal.
(2) A repealed enactment continues to have effect as if it
had not been repealed for the purpose of:
(a) investigating the offence or breach; or
(b) commencing or completing proceedings for the
offence or breach; or
(c) imposing a penalty for the offence or breach.”.

(2) Section 87 of the Criminal Procedure Act 1972 is repealed
and substituted with:

“87. Supreme Court with assessors-(1) Subject to
subsection (2) or (3), the Supreme Court shall sit with assessors
on the trial of any person for an offence punishable by
imprisonment for more than 10 years if he or she pleads “not
guilty”.
(2) Any person charged with an offence, for which the
punishment is other than imprisonment for life, shall be entitled
before the charge is gone into but not afterwards, to be tried by
a Judge of the Supreme Court sitting alone.
(3) Any person charged under the Narcotics Act 1967 for
which the punishment is imprisonment for a term not exceeding
14 years shall be tried by a Judge of the Supreme Court sitting
alone.”.

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(3) The Indecent Publication Ordinance 1960 is amended:
(a) in section 2 -
(i) in the definition of “indecent
document” by inserting “electronic device”
after “film”;
(ii) by inserting the following new
definition:

“electronic device” means any device capable of storing,
transmitting, communicating or transferring data,
voice, images or any other matter;” and

(iii) in the definition of “film” by adding
the following new paragraph:

“(ba) a video clip;” and

(b) in section 3 -
(i) in subsection (1), by adding “or any
other means” after “post”;
(ii) in subsection (4)(a), by deleting “3
months” and substuting “2 years”.

228. Savings and transitional provisions-(1) The repealed
enactments referred to in section 224 continue to have effect for the
purpose of the proceedings.
(2) The defendant may be found guilty or convicted of the
offence created by the repealed enactment if the defendant’s act
or omission:
(a) would have constituted an offence under both the
repealed enactment referred to in section 224 and
the new enactment; and
(b) occurred on a date that cannot be established with
certainty but that is established to have occurred
either after the commencement of the repealed
enactment and before its repeal or after the
commencement of the new enactment and before
its repeal.

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(3) If subsection (1) applies, the defendant is entitled to raise
any defence to the repealed enactment that the defendant would
be entitled to raise under the new enactment, if that defence is
relevant to the repealed enactment.
(4) A defendant found guilty or convicted, in accordance
with this section, of an offence created by the repealed enactment
is liable to a maximum penalty which is the lesser of that
prescribed for the offence of which the defendant is found guilty
or convicted and that prescribed for the corresponding offence
created under the new enactment.

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The Crimes Act 2013 is administered
by the Ministry of Police and Prisons.