Penal Code of Tanzania - Criminal Defense Wiki
Penal Code of Tanzania - Criminal Defense Wiki
Penal Code of Tanzania - Criminal Defense Wiki
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woman is the husband <strong>of</strong> the woman.<br />
(5) It shall be a defence to a charge under this section–<br />
(a) if the woman in relation to whom a person is charged appears to the court to have<br />
attained the age <strong>of</strong> fifteen years; or<br />
(b) if the court is <strong>of</strong> the opinion than the person charged had reasonable cause to believe<br />
and did in fact believe that the woman was <strong>of</strong> or above the age <strong>of</strong> fifteen years.<br />
(6) Nothing in this section shall render it an <strong>of</strong>fence for any person <strong>of</strong> African or Asiatic<br />
descent to marry or permit the marriage <strong>of</strong> a woman under the age fifteen years in accordance<br />
with the custom <strong>of</strong> the tribe or religion where it is not intended that the marriage shall be<br />
consummated before the woman attains the age <strong>of</strong> fifteen years or make it an <strong>of</strong>fence to give or<br />
receive money or presents in consideration, or on the occasion, <strong>of</strong> the marriage.<br />
138A. Acts <strong>of</strong> gross indecency between persons<br />
Any person who, in public or private commits, or is party to the commission <strong>of</strong>, or procures or<br />
attempts to procure the commission by any person <strong>of</strong> , any act <strong>of</strong> gross indecency with another<br />
person, is guilty <strong>of</strong> an <strong>of</strong>fence and liable on conviction to imprisonment for a term <strong>of</strong> not less<br />
than one year and not exceeding five years or to a fine not less than one hundred thousand<br />
shillings and not exceeding three hundred thousand shillings; save that where the <strong>of</strong>fence is<br />
committed by a person <strong>of</strong> eighteen years <strong>of</strong> age or more in respect <strong>of</strong> any person under<br />
eighteen years <strong>of</strong> age, a pupil <strong>of</strong> a primary school or a student <strong>of</strong> a secondary school the<br />
<strong>of</strong>fender shall be liable on conviction to imprisonment for a term not less than ten years, with<br />
corporal punishment, and shall also be ordered to pay compensation <strong>of</strong> an amount determined<br />
by the court to the person in respect <strong>of</strong> whom the <strong>of</strong>fence was committed for any injuries<br />
caused to that person.<br />
138B. Sexual exploitation <strong>of</strong> children<br />
(1) Any person who–<br />
(a) knowingly permits any child to remain in any premises for the purposes <strong>of</strong> causing<br />
such child to be sexually abused or to participate in any form <strong>of</strong> sexual activity or in any<br />
obscene or indecent exhibition or show;<br />
(b) acts as a procurer <strong>of</strong> a child for the purposes <strong>of</strong> sexual intercourse or for any form <strong>of</strong><br />
sexual abuse, or indecent exhibition or show;<br />
(c) induces a person to be a client <strong>of</strong> a child for sexual intercourse or for any form <strong>of</strong><br />
sexual abuse, or indecent exhibition or show, by means <strong>of</strong> print or other media, oral<br />
advertisements or other similar means;<br />
(d) takes advantage <strong>of</strong> his influence over, or his relationship to, a child, to procure the