THE ANTIHOMOSEXUALITY ACT - PDF document

THE ANTI-HOMOSEXUALITY ACT, 2014.ARTRELIMINARY 1.Interpretation.ARTROHIBITIONOFThe offence of homosexuality.4. Attempt to commit homosexuality.victims of homosexuality.6. Confidentiality.ARTELATEDFFENCESANDENALTIES7. Aiding and abetting homosexuality.8. Conspiracy to engage in homosexuality. Currency point. Anti-Homosexuality Act Anti-Homosexuality Act THE ANTI-HOMOSEXUALITY ACT, 2014.An Act to prohibit any form of sexual relations between personsof the same sex; prohibit the promotion or recognition of suchrelations and to provide for other related matters. ATEOF Date of Commencement: EITENACTEDARTRELIMINARY Interpretation. because of your knowledge and official position; and shall Anti-Homosexuality Act ÒfelonyÓ means an offence which is declared by law to be aÒHIVÓ means the Human Immunodeficiency Virus;"homosexualÕÕ means a person who engages or attempts toÒMinister픀Õ means the Minister responsible for ethics andÒmisdemeanorÓ means any offence which is not a felony;Òserial offenderÓ means a person who has previous convictionsof the offence of homosexuality or related offences;of another픀s breast, vagina, penis or anus; bbstimulation or penetration of a vagina or mouth orslight by a sexual organ;another personÕs sexual organ or anus or mouth;Òsexual organÕÕ means a vagina, penis or any artificial sexual Anti-Homosexuality Act penetration of any sexual organ, anus or mouth.ARTELATED fence of homosexuality. 11fence of homosexuality ifÑbbhe or she uses any object or sexual contraption to penetratecche or she touches another person with the intention ofcommitting the act of homosexuality. 3. 11fence of aggravated homosexualityaaperson against whom the offence is committed is below thebboffender is a person living with HIV; Anti-Homosexuality Act ccoffender is a parent or guardian of the person against whomthe offence is committed;ddoffender is a person in authority over the person againstwhom the offence is committed;eevictim of the offence is a person with disability; ffoffender is a serial offender; orggoffender applies, administers or causes to be used by any33ged with the offence under this 4. Attempt to commit homosexuality. 11fence of22fence of aggravated 5. Protection, assistance and payment of compensation to homosexuality. Anti-Homosexuality Act addition to any sentence imposed on the offender, order that thevictim of the offence be paid compensation by the offender for anyoffence.court and the court shall take into account the extent of harm sufferedby the victim of the offence, the degree of force used by the offender 6. Confidentiality. this Act, law enforcement officer, prosecutor, judicial officer andmedical practitioner, and any party to the case, shall recognize the33, publisher, reporter or columnist in case of printedvictimÕs identity without authority of the victim or court, commits an Anti-Homosexuality Act ARTELATEDENALTIES 7. Aiding and abetting homosexuality. acts of homosexuality commits an offence and is liable, on 8. Conspiracy to engage in homosexuality. of him or her commits an offence and is liable, on conviction, to 9. Procuring homosexuality by threats. (a) by threats or intimidation procures or attempts to procure any(b) by false pretences or false representations procures anycommits an offence and is liable on conviction to imprisonment for22fence under this sectionupon the evidence of one witness only, unless that witness is corroborated 10. Detention with intent to commit homosexuality. commits an offence and is liable, on conviction, to imprisonment for Anti-Homosexuality Act 11. Brothels. any kind for purposes of homosexuality commits an offence and isor knowingly suffers any man or woman to resort to or be upon suchintended to be with any particular man or woman generally, commits a 12. Same sex marriage. 22fence if that person or Promotion of homosexuality. (a)participates in production, procuring, marketing,offers premises and other related fixed or movable assets for(d)uses electronic devices which include internet, films, Anti-Homosexuality Act eewho acts as an accomplice or attempts to promote or in anycommits an offence and is liable, on conviction, to a fine of five22fender is a corporate body or a business or anassociation or a non-governmental organization, on conviction itscertificate of registration shall be cancelled and the director, proprietor orART A person charged with an offence under this Act shall be liable toextradition under the existing extradition laws. 15. Regulations The Minister may, by statutory instrument, make regulations Anti-Homosexuality Act CURRENCY POINTOne currency point is equivalent to twenty thousand shillings. Anti-Homosexuality Act