Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/15

28 No. 30599

Act No. 32, 2007 or without the consent of B, by a third person (“C”), is guilty of an offence of benefiting from the sexual exploitation of a child.

(5) A person (“A”) who intentionally lives wholly or in part on rewards, favours or compensation for the commission of a sexual act with a child complainant (“B”), with or without the consent of B, by a third person (“C”), is guilty of an offence of living from the earnings of the sexual exploitation of a child.

(6) A person (“A”), including a juristic person, who—

makes or organises any travel arrangements for or on behalf of a third person (“C”), whether that other person is resident within or outside the borders of the Republic, with the intention of facilitating the commission of any sexual act with a child complainant (“B”), with or without the consent of B, irrespective of whether that act is committed or not; or

prints or publishes, in any manner, any information that is intended to promote or facilitate conduct that would constitute a sexual act with B,

is guilty of an offence of promoting child sex tours.

Sexual grooming of children

18. (1) A person (“A”) who—

manufactures, produces, possesses, distributes or facilitates the manufacture, production or distribution of an article, which is exclusively intended to facilitate the commission of a sexual act with or by a child (“B”);

manufactures, produces, possesses, distributes or facilitates the manufacture, production or distribution of a publication or film that promotes or is intended to be used in the commission of a sexual act with or by B;

supplies, exposes or displays to a third person (“C”)—

an article which is intended to be used in the performance of a sexual act;

child pornography or pornography; or

a publication or film,

with the intention to encourage, enable, instruct or persuade C to perform a sexual act with B; or

arranges or facilitates a meeting or communication between C and B by any means from, to or in any part of the world, with the intention that C will perform a sexual act with B,

is guilty of the offence of promoting the sexual grooming of a child.

(2) A person (“A”) who—

supplies, exposes or displays to a child complainant (“B”)—

an article which is intended to be used in the performance of a sexual act;

child pornography or pornography; or

a publication or film,

with the intention to encourage, enable, instruct or persuade B to perform a sexual act;

commits any act with or in the presence of B or who describes the commission of any act to or in the presence of B with the intention to encourage or persuade B or to diminish or reduce any resistance or unwillingness on the part of B to—

perform a sexual act with A or a third person (“C”);

perform an act of self-masturbation in the presence of A or C or while A or C is watching;

be in the presence of or watch A or C while A or C performs a sexual act or an act of self-masturbation;

be exposed to child pornography or pornography;

be used for pornographic purposes as contemplated in section 20(1); or

expose his or her body, or parts of his or her body to A or C in a manner or in circumstances which violate or offend the sexual integrity or dignity of B;