This is a translation of the
Loi (1895) modifiant le droit criminel
(Chapter 08.540)
as in force on the revision date of 1 January 2017.
This is not an authoritative translation of the Law. Whilst it is believed to be correct, no
warranty is given that it is free of errors or omissions or that it is an accurate translation of
the French text. Accordingly, no liability is accepted for any loss arising from its use.
LAW (1895) AMENDING THE CRIMINAL LAW
LAW applying to Jersey certain provisions of the Criminal Law Amendment Act, 18851
Article 1
Any person who procures or attempts to procure –
1. any woman or girl to become a prostitute, either within or without the Island; or
2. any woman or girl to leave the Island in order to become an inmate of or frequent a
brothel elsewhere; or
3. any woman or girl to leave her usual place of abode in the Island, in order that she
may, for the purposes of prostitution, become an inmate of or frequent a brothel either
within or without the Island;
Any person who –
1. by threats or intimidation procures or attempts to procure any woman or girl to have
any unlawful carnal connexion either within or without the Island; or
2.
a. by false pretences or false representations procures a woman or girl to have
any unlawful carnal connexion, either within or without the Island; or
b. causes or attempts to cause a woman or girl to have any unlawful carnal
connexion with a third person, either within or without the Island; or
3. applies, administers to, or causes to be taken by any woman or girl, any drug, matter,
or thing, with intent to stupefy or overpower so as thereby to enable any person to
have unlawful carnal connexion with such woman or girl;
Any person who –
takes or causes to be taken against the will of her father or mother, or any other person having the
lawful care or charge of her, a girl aged less than 18 years, with intent that she should be unlawfully
and carnally known by any man, whether such carnal knowledge is intended to be with any particular
1
of the United Kingdom
man, or generally, shall be guilty of an offence, and on conviction thereof, shall be liable to
imprisonment for a term not exceeding 2 years.
Article 2
Any person who shall be found guilty of having or attempting to have unlawful carnal knowledge of a
girl aged less than 13 years shall be liable to imprisonment for life.
Article 3
Article 4
Any person who shall be found guilty of having or attempting to have unlawful carnal knowledge of –
1. a girl who has attained 13 years but is under the age of 16 years; or
2.
girl or woman who is mentally retarded,2
shall be liable to imprisonment for a term not exceeding 5 years.
Provided that no accused shall be found guilty of the offence mentioned in the first section of this
Article if it is shown to the satisfaction of the Court that at the moment of the commission of the act, he
had sufficient reason to believe that the girl had attained the age of 16 years.
Article 5
Any owner, lessee or occupier of a house, edifice or construction of any sort, or any person having
the care or control thereof, or any employee within the said premises, who induces a girl aged under
16 years to frequent the said premises, for the purpose of being unlawfully and carnally known by any
person whatever, or to engage in prostitution therein, or who, with full knowledge of the facts, permits
her to live in or resort to the premises for the purpose mentioned, may be sentenced at the discretion
of the Court –
1. if the girl has not attained 13 years, to imprisonment not exceeding 2 years;
2. if the girl has attained 13 years, to imprisonment not exceeding 2 years.
Provided that no person shall be sentenced by virtue of this Article, if it shown, to the satisfaction of
the Court, that the person had sufficient reason to believe that the girl had attained the age of 16
years..
Article 6
Any person who detains any woman or girl against her will –
1. in any place whatever, with intent that she may be unlawfully and carnally known, whether by
any particular person, or generally;
2. in any brothel,
shall be liable to imprisonment for a term not exceeding 2 years.
The following shall be deemed for the purposes of this Article to detain a woman or a girl –
The Criminal Law Amendment Act 1885 of the United Kingdom referred to “any female idiot or imbecile
woman or girl” which was rendered in the Loi of 1895 as “une fille ou femme idiote ou aliénée d’esprit”
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(a) whoever, with intent to prevent her from leaving the premises, or to induce her to remain
there, refuses to give to her or to allow her to use an item of clothing, or other property
belonging to her;
(b) whoever having lent or provided items of clothing to the said woman or girl, threatens her with
legal proceedings if she takes away with her the said items.
No legal proceedings, whether civil or criminal, shall be taken against any such woman or girl for
taking away or being found in possession of any such wearing apparel as was necessary to enable
her to leave a place referred to in this Article.
Article 7
Whoever keeps or runs a brothel or takes part in the running of a brothel shall be liable to
imprisonment or to a fine.