The Crimes Act regulates criminal offenses in Samoa, including provisions on infanticide, feticide, sexual crimes, and trafficking.
Infanticide is defined as the act of a woman causing the death of her child within 12 months of birth while her mind is "disturbed" following childbirth. A woman convicted of infanticide may be sentenced to up to five years in prison. The Act also criminalizes feticide, providing that a woman who intends to cause a miscarriage and self-administers a drug or unlawful substance may be sentenced to seven years in prison. Any individual who provides the means to induce a miscarriage may also be held criminally liable.
Part 7 of the Act addresses sexual crimes. These include sexual violation (rape), attempted sexual violation, assault with intent to commit a sexual violation, sexual conduct with consent induced by threats, incest, sexual conduct with a family member, sexual conduct with a dependent family member, sexual conduct with a severely intellectually disabled person, and sexual conduct with a child. Sexual violation is punishable by life imprisonment, while attempted sexual violation or assault with intent to commit a sexual violation carries a maximum sentence of 14 years. Sexual conduct with a child under 12 is punishable by life in prison, while sexual conduct with a young person under 16 carries a maximum sentence of 10 years. The Act also criminalizes indecent assault and sexual conduct obtained through threats or intimidation.
Part 13 of the Act addresses smuggling and trafficking of persons, defined as acts of coercion such as abduction, force, threats, or harm. Section 155 provides that trafficking is punishable by up to 14 years in prison. The Act identifies aggravating factors in sentencing, including the purpose of the offense (such as sexual exploitation, forced labor, or removal of organs), the age of the victim (particularly under 18), and whether the offender acted for material benefit. Section 157 specifically addresses sexual exploitation of individuals under 18, punishable by up to 14 years in prison.