Article II. Bill of rights
Section 2. Slavery and Involuntary Servitude
(1) No person shall be held in slavery or involuntary servitude, nor shall any person be required to perform forced or compulsory labor.
(2) For the purposes of this Section, the term 'forced or compulsory labor' does not include:
(a) any labor required by the sentence or order of a court;
(b) any other labor required of a person lawfully detained if reasonably necessary for the maintenance of the place of detention;
(c) any service required by law in lieu of compulsory military service when such service has been lawfully required of others.
Section 11. Conscription and conscientious objection
No person shall be conscripted to serve in the armed forces of the Republic of the Marshall Islands except in time of war or imminent danger of war as certified by the Cabinet, and no person shall be conscripted if, after being afforded a reasonable opportunity to do so, he has established that he is a conscientious objector to participation in war.
Article 212 Kidnapping and related offenses; coercion
§212.2. Felonious Restraint.
A person commits a felony of the third degree if the person knowingly:
(1) restrains another unlawfully in circumstances exposing such other person to risk of serious bodily injury; or
(2) holds another in a condition of involuntary servitude.
§212.3. False Imprisonment.
(1) A person commits a misdemeanor if the person knowingly restrains another unlawfully so as to substantially interfere with such other person's liberty.
(2) This Section does not apply to shopkeepers, merchants, or police officers who detain suspected shoplifters for a reasonable amount of time.
Article 251. Prostitution and trafficking in persons
In this Article, the definitions given in Section 213.0 apply unless a different meaning plainly is required, and:
(5) The term "compelling" includes:
(a) the use of forcible compulsion;
(b) the use of a drug or intoxicating substance to render a person incapable of controlling his or her conduct or appreciating its nature; or
(c) withholding or threatening to withhold a narcotic drug from a drug dependent person.
(6) "Trafficking in person" means the recruitment, transportation, transfer, harboring or receipt of person, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
"Exploitation" shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removable of organs.
§251.1. Engaging in Prostitution.
(1) A person is guilty of engaging in prostitution if the person engages or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by the person or by a third person.
(2) Engaging in prostitution is a felony of the third degree.
§251.2. Patronizing Prostitution.
(1) A person is guilty of patronizing prostitution if the person gives or agrees to give something of value to another person on an understanding that in return therefore that person or a third person will engage in sexual conduct with the person or with another.
(2) Patronizing prostitution is a felony of the third degree.
§251.3. Promoting Prostitution in the First Degree.
(1) A person is guilty of promoting prostitution in the first degree if the person knowingly:
(a) advances prostitution by compelling a person by criminal coercion to engage in prostitution, or profits from such coercive conduct by another; or
(b) advances or profits from prostitution by managing, supervising, controlling, or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprises involving prostitution activity by two or more prostitutes; or
(c) advances or profits from prostitution of a person less than eighteen years of age.
(2) Promoting prostitution in the first degree is a felony of the second degree.
§251.4. Promoting Prostitution in the Second Degree.
(1) A person is guilty of promoting prostitution in the second degree if the person knowingly advances or profits from prostitution.
(2) Promoting prostitution in the second degree is a felony of the third degree.
§251.7. Trafficking in Person.
(1) No person shall engage in trafficking in a person or be involved in the arranging of trafficking in a person, knowing that the person's entry into the Republic or any other state is or was arranged by specified means.
(2) Trafficking in person is felony of the third degree.
§251.8. Trafficking in Children.
(1) No person shall intentionally engage in trafficking in a person who is a child or be involved in the arranging of trafficking in a person who is a child, regardless of whether the child's entry into the Republic or any other state is or was arranged by specified means.
(2) Trafficking in children is a felony of the second degree.
§251.9. Exploitation of people not legally entitled to work.
(1) An employer who allows an unlawful employee to undertake employment in the employer's service must not take an action with the intention of preventing or hindering the employee from:
(a) leaving the Republic; or
(b)ascertaining or seeking that person's entitlement under the law of the Republic; or
(c) disclosing to any person the circumstances of that person's employment by the employer.
(2) Without limiting the generality of subsection (1), the following are examples of actions of the kind mentioned in that subsection:
(a) taking or retaining possession or control of a person's passport, any other travel or identity document, or travel tickets;
(b) preventing or hindering a person from:
(i) having access to telephone; or
(ii) using a telephone; or
(iii) using a telephone privately; or
(iv) leaving premises; or
(v) leaving premises unaccompanied.
(3) Preventing or hindering an immigration officer from entering or having access to any place or premises to which the person is entitled to have access under any law.
(4) Exploiting of people not legally entitled to work is a felony of the fourth degree.
§251.10. Consent of trafficked person.
For the purposes of sections 251.7 and 251.8 it is not a defense:
(a) that the trafficked person consented to the intended exploitation; or
(b) that the intended exploitation did not occur.
§1005. Trafficking in Persons.
Any person who:
(a) recruits, transports, transfers, harbors or receives another person;
(b) by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person;
(c) for the purpose of exploitation of that person;
shall be guilty of the offense of trafficking in persons, and upon conviction shall be subject to a term of imprisonment not exceeding fifteen (15) years, and a fine not exceeding ten thousand dollars ($10,000), or both.
(1) Exploitation within the meaning of this Act shall include:
(a) the exploitation of the prostitution of others or other forms of sexual exploitation;
(b) forced or coerced labor or services including bonded labor and debt bondage;
(c) slavery or practices similar to slavery;
(d) servitude including sexual servitude;
(e) the removal of organs;
(f) other forms of exploitation.
(2) If the person subjected to exploitation is a child, exploitation shall also include:
(a) the use of procuring or offering of a child for illicit or criminal activities;
(b) the exploitation of the prostitution of others or other forms of sexual exploitation;
(c) the use in armed conflict; (d) work that, by its nature or by the circumstances in which it is carried out, is likely to harm the health or safety of children; (e) the employment or use in work, where the said child has not reached the applicable minimum working age for the said employment or work; (f) other forms of exploitation.
§1007. Trafficking in Children.
(1) Any person who:
(a) recruits, transports, transfers, harbors, arranges or receives a child;
(b) for the purpose of exploitation of that child;
shall be guilty of an offense of trafficking in persons, and upon conviction shall be subject to a term of imprisonment not exceeding twenty (20) years, and a fine not exceeding fifteen thousand dollars ($15,000), or both.
(2). The consent of the victim or the parent or a person having legal or de facto control of a child victim of trafficking to the intended exploitation set forth in subsection (1) shall be irrelevant, and shall not constitute a defense against any prosecution under this Act.
§1008. Forced Labor and Services.
Any person who makes use of the services or labor of a person or profits in any form from the services or labor of a person with the prior knowledge that such labor or services are performed or rendered under one more of the conditions described in Section 6 above, shall be guilty of an offense, and upon conviction shall be subject to a term of imprisonment of not more than fifteen (15) years or a fine not exceeding $10,000 or both.
§1009. Non-Prosecution of victims of trafficking in persons.
(1) A victim of trafficking in persons shall not be held criminally punishable for offenses committed by them, to the extent that such involvement is a direct consequence of their situation as trafficked persons.
(2) Notwithstanding the provisions of the Immigration Act 2006, a victim of trafficking in persons who is a foreign citizen shall not be held criminally liable for immigration offenses established under the Immigration Act, if entry into the Republic without lawful approval
was occasioned by the fact that such person was a victim of an offense under this Act, and to the satisfaction of the Director of Immigration.
(3) The Director of Immigration may cause to be issued to victims of trafficking under these circumstances, with the approval of the Minister for Justice, temporary visas or other temporary authorization allowing the presence of said victims in the Republic, pending investigations and or the prosecution of said cases.
(4) Notwithstanding that, the Attorney General may exercise his or her authority to deport any victim of trafficking if he or she sees it best under the current circumstances.
§1010. Consent of trafficked person.
It shall not be a defense that the trafficked persons consented to the intended exploitation or that the intended exploitation did not occur.
§503. Offenses and Penalties.
(1) Any person who engages in prostitution commits a crime and shall upon conviction be punishable by a fine of up to $5,000 or a term of imprisonment not exceeding two (2) years, or both.
(2) Any person who patronizes prostitution commits a crime and shall upon conviction be punishable by a fine of up to $5,000 or a term of imprisonment not exceeding two (2) years, or both.
(3) Any person who promotes prostitution commits a crime and shall upon conviction be punishable by a fine of up to $10,000 or a term of imprisonment not exceeding 5 years, or both.
(4) In addition to all criminal penalties, the Foreign Investment Business License of a person convicted of any crime under this Section shall, where applicable, be revoked by the Registrar of Corporations.
(5) A person convicted of a crime under the provisions of this Act shall forfeit to the Republic any proceeds of prostitution derived by such person in connection with the unlawful act for which the conviction was made.
§403. Minimum wage.
(1) The minimum wage for every employee of the Government of the Marshall Islands or any private employer shall be two dollars ($2.00) per hour for every hour of work performed by such employee.
(2) Non-citizen employees who are employed by a private employer who has been authorized by the Government to invest and conduct any industry or business in the Republic of the Marshall Islands, and Marshallese trainees and apprentices learning any trade or skill under such employer, shall be exempt from the application of the minimum wage.
(3) Qualified export oriented projects may be exempted from the application of the minimum wage by the Cabinet. This exemption shall apply only to qualified export oriented projects commenced after the date of certification of this Chapter .
Any private employer who pays any of his employees a wage which is below the minimum wage prescribed by Section 402 of this Chapter shall be guilty of an offense and shall, upon conviction before the High Court, be liable to a fine not exceeding $1,000 or in default, to a term of imprisonment not exceeding six (6) months. In addition, the Court shall recover and pay to the said employee all wages in arrears as prescribed by Section 402 of this Chapter, as though such arrears were a fine imposed by that Court.
§428. Requisites of a marriage.
In order to contract a valid marriage it shall be necessary:
(a) that the male at the time of contracting the marriage be not less than eighteen (18) years of age and the female be not less than sixteen (16) years of age;
(b) that where the female is not less than sixteen (16) years of age but less than eighteen (18) years of age one of her parents or her guardian shall consent to her marriage;
(c) that the marriage between the two parties is not within the prohibited degrees of marriage by law or custom; and
(d) that where either of the parties were married earlier, the former spouse of that party has died, or the prior marriage of that parry was annulled or dissolved by a court of competent jurisdiction. [P.L. 1988-10, §28.]
§434. Customary marriages.
The provisions of this Part shall not apply to marriages contracted between citizens in accordance with recognized customary practice. And a marriage contracted between citizens in accordance with recognized customs, shall be valid.