Criminal Code (Cap. 9), article 202

202. The punishment prescribed for any of the crimes referred to in the preceding articles of this Sub-title, shall be increa sed by one to two degrees if any one or more of the following circumst ances results: (a) when the offender has availed himself of his capacity of public officer, or when the offender is a servant of the injured party, with salary or other remuneration, or any person otherwise having a bused of his authority over the injured party; (b) when the crime is committ ed by any ascendant, tutor, or institutor; (c) when the crime is committed on any prisoner by the person charged with the custody or conveyance of such prisoner; (d) when the offender has, in the commission of the crime, been aided by one or more persons; (e) when the offender has, in the commission of the crime, made use of any arms proper or improper; (f) when the person on whom the crime is committed, or any other person who has come to the assistance of that person, has sus tained any bodily harm; (g) when the offence is committed on a minor; (h) when the crime is commit ted on the person of: (i) the current or former spouse, civil union partner or cohabitant; or (ii) the brother or sister; or (iii) an ascendant or descendant; or (iv) another person having or having had a child in common with the offender; or (v) another person living in the same household as the offender or who had lived with the offender before the offence was committed; (vi) another person who is or was in a relationship with the offender whether with the intention of marriage or not; (vii) other persons who are related to each other by consanguinity or affinity up to the third degree inclusively: Provided that in this paragraph "spouse" includes the person whose marriage with the offender has been dissolved or declared null; (i) when the crime is committ ed in the presence of, or within hearing distance of a minor; (j) the offence, or related offences, were committed repeatedly; CRIMINAL CODE [CAP. 9. 99 (k) the offence was committed ag ainst a vulnerable person within the meaning of article 208AC(2); (l) the offence was committed with the threat of a weapon; (m) the offence resulted in severe physical or psychological harm for the victim; (n) the offender has been previously convicted of offences of a similar nature: Provided that where an aggravation of punishment in respect of the circumstances mentioned in this article is already provided for under this Code or any other law, the higher punishment may be applied. Defilement of persons under sixteen (16) years of age. Amended by: III. I885.1; VIII.1909.16; XIV .1918.3; II.1973.4; XLIX.1981.4; IV .1994.5; XXIII.2017 .7. XIII.2018.24; III.2020.2; LXIV .2021.7.