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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)For the purposes of section 2 a person is exploited only if one or more of the following subsections apply in relation to the person.
(2)The person is the victim of behaviour—
(a)which involves the commission of an offence under section 1, or
(b)which would involve the commission of an offence under that section if it took place in England and Wales.
(3)Something is done to or in respect of the person—
(a)which involves the commission of an offence under—
(i)section 1(1)(a) of the Protection of Children Act 1978 (indecent photographs of children), or
(ii)Part 1 of the Sexual Offences Act 2003 (sexual offences), as it has effect in England and Wales, or
(b)which would involve the commission of such an offence if it were done in England and Wales.
(4)The person is encouraged, required or expected to do anything—
(a)which involves the commission, by him or her or another person, of an offence under section 32 or 33 of the Human Tissue Act 2004 (prohibition of commercial dealings in organs and restrictions on use of live donors) as it has effect in England and Wales, or
(b)which would involve the commission of such an offence, by him or her or another person, if it were done in England and Wales.
(5)The person is subjected to force, threats or deception designed to induce him or her—
(a)to provide services of any kind,
(b)to provide another person with benefits of any kind, or
(c)to enable another person to acquire benefits of any kind.
(6)Another person uses or attempts to use the person for a purpose within paragraph (a), (b) or (c) of subsection (5), having chosen him or her for that purpose on the grounds that—
(a)he or she is a child, is mentally or physically ill or disabled, or has a family relationship with a particular person, and
(b)an adult, or a person without the illness, disability, or family relationship, would be likely to refuse to be used for that purpose.
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