Criminal Code (Cap. 9), article 208AC

208AC. (1) The punishment for the offences referred to in articles 204, 204A to 204D, both inclusive, 208A(1) to 208AB, both inclusive, shall be increased by one to two degrees where any one or more of the followi ng circumstances results: (a) where the offence involved the use of violence or results in harm to the physical or mental health of the person; (b) where the person under age is a vulnerable person within the meaning of sub-article (2); (c) where the offence is committed by two or more persons acting together; (d) in any of the circumstances described in article 202( a), (b), ( c) and ( h); (e) if the offender lives with or is a member of the victim’s family; (f) if the offender has been previously convicted of an offence under this Sub-title; (g) where the offence is committed by a member of the child’s family, a person cohabiting with the child or a person who has abused a recognised position of trust or authority; (h) where the offence was committed within the framework of a criminal organisation within the meaning of Council Framework Decision 2008/ 841JHA of 24 October 2008 on the fight against organised crime; (i) where the offender has deliberately or recklessly 108 CAP . 9.] CRIMINAL CODE endangered the life of a child: Provided that where an aggravation of punishment in respect of the circumstances mentioned in this article is alrea dy provided for under this Code or any other law, the higher punishment shall be applied. (2) For the purposes of this arti cle a vulnerable person means: (a) any person unde r the age of fif teen years; or (b) any person suffering fr o m a p h y s i c a l o r m e n t a l infirmity; or (c) any other person considered by the court to be particularly at risk of being induced into cooperating with the offender or into surrendering to the offender’s will when taking into account the person’s age, maturity, health, pregnancy, disability, social or other conditions including any situation of dependence, as well as the physical or psychological consequence of the offence on that person. Provisions applicable to articles 198, 203 to 204D and 208A to 208AB of the Code. Added by: XXXI.2007.13. Amended by: VII.2010.13; IV .2014.15; VIII.2015.10; III.2020.3.