Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/16

30 No. 30599

Act No. 32, 2007 arranges or facilitates a meeting or communication with B by any means from, to or in any part of the world, with the intention that A will commit a sexual act with B;

having met or communicated with B by any means from, to or in any part of the world, invites, persuades, seduces, induces, entices or coerces B—

to travel to any part of the world in order to meet A with the intention to commit a sexual act with B; or

during such meeting or communication or any subsequent meeting or communication to—

commit a sexual act with A;

discuss, explain or describe the commission of a sexual act; or

provide A, by means of any form of communication including electronic communication, with any image, publication, depiction, description or sequence of child pornography of B himself or herself or any other person; or

having met or communicated with B by any means from, to or in any part of the world, intentionally travels to meet or meets B with the intention of committing a sexual act with B,

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

Exposure or display of or causing exposure or display of child pornography or pornography to children

19. A person (“A”) who unlawfully and intentionally exposes or displays or causes the exposure or display of—

any image, publication, depiction, description or sequence of child pornography or pornography;

any image, publication, depiction, description or sequence containing a visual presentation, description or representation of a sexual nature of a child, which may be disturbing or harmful to, or age-inappropriate for children, as contemplated in the Films and Publications Act, 1996 (Act No. 65 of 1996), or in terms of any other legislation; or

any image, publication, depiction, description or sequence containing a visual presentation, description or representation of pornography or an act of an explicit sexual nature of a person 18 years or older, which may be disturbing or harmful to, or age-inappropriate, for children, as contemplated in the Films and Publications Act, 1996, or in terms of any other law,

to a child (“B”), with or without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of child pornography or pornography to a child.

Using children for or benefiting from child pornography

20. (1) A person (“A”) who unlawfully and intentionally uses a child complainant (“B”), with or without the consent of B, whether for financial or other reward, favour or compensation to B or to a third person (“C”) or not—

for purposes of creating, making or producing;

by creating, making or producing; or

in any manner assisting to create, make or produce,

any image, publication, depiction, description or sequence in any manner whatsoever of child pornography, is guilty of the offence of using a child for child pornography.

(2) Any person who knowingly and intentionally in any manner whatsoever gains financially from, or receives any favour, benefit, reward, compensation or any other advantage, as the result of the commission of any act contemplated in subsection (1), is guilty of the offence of benefiting from child pornography.