Immorality Act, 1957/1969-05-21

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as amended by

Immorality Amendment Act, No. 68 of 1967 Immorality Amendment Act, No. 57 of 1969

14. (1) Any male person who—

has or attempts to have unlawful carnal intercourse with a girl under the age of sixteen years; or commits or attempts to commit with such a girl or with a boy under the age of nineteen years an immoral or indecent act; or solicits or entices such a girl or boy to the commission of an immoral or indecent act,

shall be guilty of an offence.

(2) It shall be a sufficient defence to any charge under this section if it shall be made to appear to the court—

that the girl at the time of the commission of the offence was a prostitute, that the person so charged was at the said time under the age of twenty-one years and that it is the first occasion on which he is so charged; or that the person so charged was at the said time under the age of sixteen years if the offence was committed in respect of a girl; or that the person so charged was at the said time under the age of nineteen years if the offence was committed in respect of a boy; or that the girl or person in whose charge she was, deceived the person so charged into believing that she was over the age of sixteen years at the said time.

 18A. (1) Any person who manufactures, sells or supplies any article which is intended to be used to perform an unnatural sexual act, shall be guilty of an offence.

(2) For the purposes of subsection (1), “sell” includes to offer for sale, to keep for sale or to keep in a place where goods are sold, offered or kept for sale.



 20A. (1) A male person who commits with another male person at a party an act which is calculated to stimulate sexual passion or to give sexual gratification, shall be guilty of an offence.

(2) For the purposes of subsection (1) “a party” means any occasion where more than two persons are present.

(3) The provisions of subsection (1) do not derogate from the common law, any other provision of this Act or a provision of any other law.



22. Any person who is convicted of an offence under the provisions of this Act for which no special penalty is prescribed, shall be liable—

in the case of an offence referred to in section 2 or 20 (1) (a), to imprisonment for a period not exceeding three years with or without a fine not exceeding six hundred rand in addition to such imprisonment, or, where it is proved that the person convicted kept a brothel and that unlawful carnal intercourse took place in such brothel to his knowledge between a white female and a coloured male or between a coloured female and a white male, for a period not exceeding seven years with or without a fine not exceeding one thousand rand in addition to such imprisonment; in the case of an offence referred to in section 9 (1), to imprisonment for a period not exceeding five years, or, if the female concerned is under the age of twelve years, for life; in the case of an offence referred to in section 10, to imprisonment for a period not exceeding five years, or, where it is proved that the person convicted procured or attempted to procure any white female for the purpose of having unlawful carnal intercourse with a coloured male, or any coloured female for the purpose of having unlawful carnal intercourse with a white male, for a period not exceeding seven years; in the case of an offence referred to in section 11, 12A or 18, to imprisonment for a period not exceeding five years; in the case of an offence referred to in section 12 (1), 13 (1) or 16, to imprisonment for a period not exceeding seven years; in the case of an offence referred to in section 14 (1), 15 or 17, to imprisonment for a period not exceeding six years with or without a fine not exceeding one thousand rand in addition to such imprisonment; in the case of an offence referred to in section 18A, 19, 20 (1) (b) or (c), or 20A (1), to a fine not exceeding four hundred rand or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.