Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/19

36 No. 30599

Act No. 32, 2007 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 26(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;

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 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 person who is mentally disabled.

Exposure or display of or causing exposure or display of child pornography or pornography to persons who are mentally disabled

25. 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 to a complainant who is mentally disabled (“B”), is guilty of the offence of exposing or displaying or causing the exposure or display of child pornography or pornography to a person who is mentally disabled.

Using persons who are mentally disabled for pornographic purposes or benefiting therefrom

26. (1) A person (“A”) who unlawfully and intentionally uses a complainant who is mentally disabled (“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,