Article 24 — Exploitation and Abuse of Vulnerable Persons

1. 1.

   In furtherance of the protections guaranteed by Article 34(5) of the Fundamental Laws, this Article criminalises the exploitation, abuse, and violence directed against vulnerable persons.

2. 2.

   For the purposes of this Article, “vulnerable person” means a child under the age of eighteen, a person who is incapacitated within the meaning of Article 12 of the Civil Code, a person subject to protective measures under Article 13 of the Civil Code, or a person who, by reason of age, illness, or physical or mental disability, is substantially unable to protect themselves from exploitation or abuse.

3. 3.

   Any national who commits any of the following acts against a vulnerable person commits an offence:

   1. Physical abuse, being the intentional infliction of bodily harm or the use of physical force against a vulnerable person.
   2. Psychological abuse or coercive control, being a pattern of acts of intimidation, humiliation, isolation, or manipulation directed at a vulnerable person with the purpose or effect of substantially impairing their autonomy.
   3. Economic exploitation, being the misuse of a vulnerable person’s assets, labour, or financial resources for the benefit of another.
   4. Neglect, being the failure by a person who owes a duty of care to a vulnerable person to provide the care, sustenance, or protection that the vulnerable person reasonably requires.
4. 4.

   An offence under this Article is aggravated where the offender holds a position of trust, authority, or dependency over the victim.

5. 5.

   An offence under this Article is classified as a grave offence.

6. 6.

   A person convicted of an offence under this Article is liable to the following sanctions, in accordance with Article 10:

   1. A fine of not less than $50,000 and not exceeding $500,000.
   2. Public censure.
   3. Exclusion from State services.
   4. Revocation of any position of trust held by the offender.
7. 7.

   A conviction under this Article constitutes a conviction for “exploitation” or “violence” within the meaning of Article 13(4)(d) of the Civil Code and bars the convicted person from appointment as guardian.