Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/18

34 No. 30599

Act No. 32, 2007 by inviting, persuading or inducing B to allow C to commit a sexual act with B;

by participating in, being involved in, promoting, encouraging or facilitating the commission of a sexual act with B by C;

by making available, offering or engaging B for purposes of the commission of a sexual act with B by C; or

by detaining B, whether under threat, force, coercion, deception, abuse of power or authority, for purposes of the commission of a sexual act with B by C,

is guilty of an offence of being involved in the sexual exploitation of a person who is mentally disabled.

(3) A person (“A”) who—

intentionally allows or knowingly permits the commission of a sexual act by a third person (“C”) with a person who is mentally disabled (“B”) while being a care-giver, parent, guardian, curator or teacher of B; or

owns, leases, rents, manages, occupies or has control of any movable or immovable property and intentionally allows or knowingly permits such movable or immovable property to be used for purposes of the commission of a sexual act with B by C,

is guilty of the offence of furthering the sexual exploitation of a person who is mentally disabled.

(4) A person (“A”) who intentionally receives financial or other reward, favour or compensation from the commission of a sexual act with a person who is mentally disabled (“B”) by a third person (“C”), is guilty of an offence of benefiting from the sexual exploitation of a person who is mentally disabled.

(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 person who is mentally disabled (“B”) by a third person (“C”), is guilty of an offence of living from the earnings of the sexual exploitation of a person who is mentally disabled.

(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 person who is mentally disabled (“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 sex tours with persons who are mentally disabled.

Sexual grooming of persons who are mentally disabled

24. (1) A person (“A”) who—

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 a person who is mentally disabled (“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 person who is mentally disabled.

(2) A person (“A”) who—

supplies, exposes or displays to a person who is mentally disabled (“B”)—