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Government Laws

Criminal Law of the People's Republic of China (1997)

Chapter IV: Crimes of Infringing Upon the Rights of the Person and the Democratic Rights of Citizens

Article 236. Whoever, by violence, coercion or other means, rapes a woman is to be sentenced to not less than three years and not more than 10 years of fixed-term imprisonment.

Whoever has sexual relations with a girl under the age of 14 is to be deemed to have committed rape and is to be given a heavier punishment.

Whoever rapes a woman or has sexual relations with a girl involving one of the following circumstances is to be sentenced to not less than 10 years of fixed-term imprisonment, life imprisonment, or death:

(1)	rape a woman or have sexual relations with a girl and when the circumstances are odious;
(2)	rape several women or have sexual relations with several girls;
(3)	rape a woman in a public place and in the public;
(4)	rape a woman in turn with another or more persons;
(5)	cause the victim serious injury, death, or other serious consequences.

Article 237. Whoever, by violence, coercion or other means, forces, molests, or humiliates a woman is to be sentenced to not more than five years of fixed-term imprisonment or criminal detention.

Whoever assembles a crowd to commit the crimes described in the preceding paragraph, or commits such crimes in the public is to be sentenced to not less than five years of fixed-term imprisonment.

Whoever molests a child is to be given a heavier punishment according to the stipulations in the two preceding paragraphs.

Article 238. Whoever unlawfully detains another or deprives him of his freedom of the person by any other means is to be sentenced to not more than three years of fixed- term imprisonment, criminal detention, control, or deprivation of political rights. In circumstances where beating or humiliation are involved, a heavier punishment is to be given.

Whoever commits one of the crimes in the preceding paragraph and causes a person's serious injury is to be sentenced to not less than three years and not more than 10 years of fixed-term imprisonment; when he causes a person's death, he is to be sentenced to not less than 10 years of fixed-term imprisonment; when he causes a person disability or death by violent means, he is to be punished in according with the stipulations in Article 234 and Article 232 of this law.

Whoever unlawfully detains or takes somebody into custody for the purpose of demanding the payment of a debt is to be given a punishment in accordance with the stipulations stated in the two preceding paragraphs.

Where an employee of a state organ abuses his authority to commit any of the three aforementioned crimes, he is to receive a heavier punishment in accordance with the stipulations stated in the three preceding paragraphs.

Article 239. Those kidnapping others with the purpose of blackmailing or kidnapping others as hostages are to be sentenced to 10 years or more in prison or to be given life sentences, in addition to fines or confiscation of their property. Kidnappers causing the death of their hostages or killing their hostages are to be sentenced to death and their property confiscated.

Those stealing or robbing infants or babies for the purpose of blackmailing are to be punished according to stipulations in the above paragraph.

Article 240. Those abducting and trafficking women or children are to be sentenced to 5 to 10 years in prison plus fine. Those falling into one or more of the following cases are to be sentenced to 10 years of more in prison or to be given life sentences, in addition to fines or confiscation of property. Those committing especially serious crimes are to be sentenced to death in addition to confiscation of property.

(1)	Primary elements of rings engaging in abducting and trafficking women or children;
(2)	those abducting and trafficking more than three women and/or children;
(3)	those raping abducted women;
(4)	those seducing, tricking, or forcing abducted women into prostitution, or those selling abducted women to others who in turn force them into prostitution;
(5)	those kidnapping women or children using force, coercion, or narcotics, for the purpose of selling them;
(6)	those stealing or robbing infants or babies for the purpose of selling them;
(7)	those causing abducted women or children, or their family members, to serious injuries or death, or causing other grave consequences;
(8)	those selling abducted women or children to outside the country.

Abducting and trafficking women or children refers to abducting, kidnapping, buying, selling, transporting, or transshipping women or children.

Article 241. Those buying abducted women or children are to be sentenced to three years or fewer in prison, or put under criminal detention or surveillance.

Those buying abducted women and forcing them to have sex with them are to be convicted and punished according to stipulations of Article 236.

Those buying abducted women or children and illegally depriving them of or restricting their physical freedom, or injuring or insulting them, are to be convicted and punished according to relevant stipulations of this law.

Those buying abducted women or children and committing crimes stipulated in paragraphs two and three of this article are to be punished for committing more than one crime.

Those buying and selling abducted women or children are to be convicted and punished according to article 240 of this law.

Those buying abducted women or children but not obstructing bought women from returning to their original residence in accordance with their wishes, or not abusing bought children and not obstructing efforts to rescue them, may not be investigated for their criminal liability.

Article 242. Those using force or coercion to obstruct workers of state organs from rescuing bought women or children are to be convicted and punished according to article 277 of this law.

Primary elements who lead other people to obstruct workers of state organs from rescuing bought women or children are to be sentenced to five years or fewer in prison or put under criminal detention. Other elements who use force or coercion are to be punished according to paragraph one of this article.

Article 243. Those fabricating stories to frame others or in an attempt to subject others to criminal investigation, if the case is serious, are to be sentenced to three years or fewer in prison, or put under criminal detention or surveillance. Those causing serious consequences are to be sentenced to three to 10 years in prison.

Workers of state organs committing crimes stipulated in the above paragraph are to be severely punished.

Stipulations in the above two paragraphs do not apply to those who do not deliberately frame others but accuse others by mistake, or who report others' crimes not conforming to the facts.

Article 244. Persons of employing units who are directly responsible for forcing workers to labor by restricting their physical freedom in violation of labor management laws and regulations are to be sentenced to three years or fewer in prison or put under criminal detention, in addition to fine, or are to be fined.

Article 257. Those using force to interfere in others' freedom of marriage are to be sentenced to two years or fewer in prison or put under criminal detention.

Those committing crimes stipulated in the above paragraph and causing others to die are to be sentenced to two to seven years in prison.

Those committing crimes stipulated in the first paragraph of this article are to be investigated only if they are sued.

Article 262. Those abducting minors under 14 years of age from their family or guardians are to be sentenced to five years or less in prison or put under criminal detention.

Chapter VI: Crimes of Disrupting the Order of Social Administration

Section 8. The Crime of Organizing, Forcing, Seducing, Harboring, or Introducing Prostitution

Article 358. Those organizing others for or forcing others into prostitution are to be sentenced to five to 10 years in prison in addition to having to pay a fine. Those falling in one or more of the following cases are to be sentenced to 10 years or more in prison or given a life sentence, in addition to a fine or confiscation of property:

(1)	Those committing serious crimes of organizing others for prostitution;
(2)	those forcing young girls under the age of 14 into prostitution;
(3)	those forcing more than one person into prostitution and those repeatedly forcing others into prostitution;
(4)	those forcing others who were raped by them into prostitution;
(5)	those causing severe injuries, death, or other serious consequences to those who are forced into prostitution.

Those committing one or more of the above crimes, if the case is especially serious, are to be given a life sentence or sentenced to death, in addition to confiscation of property.

Those helping others organize people for prostitution are to be sentenced to five years or fewer in prison in addition to a fine. If the case is serious, they are to be sentenced to five to 10 years in prison in addition to being fined.

Article 359. Those harboring prostitution or seducing or introducing others into prostitution are to be sentenced to five years or fewer in prison or put under criminal detention or surveillance, in addition to paying a fine. If the case is serious, they are to be sentenced to five years or more in prison in addition to a fine.

Those seducing young girls under 14 years of age into prostitution are to be sentenced to five years or more in prison in addition to a fine.

Article 360. Those engaging in prostitution or visiting a whorehouse knowing that they are suffering from syphilis, clap, or other serious venereal diseases are to be sentenced to five years or fewer in prison or put under criminal detention or surveillance, in addition to having to pay a fine.

Those who visit young girl prostitutes under 14 years of age are to be sentenced to five years or more in prison an addition to paying a fine.

Article 361. Personnel of hotels, restaurants, entertainment industry, taxi companies, and other units who take advantage of their units' position to organize, force, seduce, harbor, or introduce others to prostitution are to be convicted and punished according to articles 358 and 359 of this law.

Main persons in charge of the aforementioned units who commit crimes stipulated in the above paragraph are to be severely punished.

Article 362. Personnel of hotels, restaurants, entertainment industry, taxi companies, or other units who inform law offenders and criminals while public security personnel are checking prostitution and whorehouse visiting activities, if the case is serious, are to be convicted and punished according to article 310 of this law.

¹Selected sections pertinent to human trafficking; for full text, go to http://www.qis.net/chinalaw/prclaw60.htm