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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

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