Page:Immorality Amendment Act 1988.djvu/3

GOVERNMENT GAZETTE, 4 MARCH 1988

Rh by the substitution for subsection (2) of the following subsection: “(2) Any person found in or upon such house or place who, when called upon to do so by the police officer conducting the search, refuses to furnish his name and address or furnishes a name or address which is false in any material particular or refuses to disclose the name or identity of the keeper of such house or place or to produce any book, receipt, paper, document or thing which he has in his possession or custody or under his control, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding [two hundred rand] R1 000 and in default of payment to imprisonment for a period not exceeding six months.”; and by the substitution in the Afrikaans text of subsection (3) for the word “magistraat” of the word “landdros”.

3. Section 9 of the principal Act is hereby amended—

by the substitution for subsection (1) of the following subsections: “(1) Any person who, being a parent or guardian of any [female] child under the age of 18 years —

permits, procures or attempts to procure such [female] child to have unlawful carnal intercourse, or to commit any immoral or indecent act , with any person other than the procurer, or to reside in or to frequent a brothel ; or orders, permits, or in any way assists in bringing about, or receives any consideration for, the defilement, seduction or prostitution of such [female] child ,

shall be guilty of an offence.

(1A) For the purposes of subsection (1) (b) a parent or guardian whose child has been defiled or seduced or has become a prostitute, shall be deemed to have assisted in bringing about that defilement, seduction or prostitution if he has knowingly permitted his child to consort with, or to continue in the employment of, a prostitute or a person with an immoral reputation. ”; and by the substitution for subsection (2) of the following subsection: “(2) The term ‘guardian’ in this section includes any person who has in law or in fact the custody or control of the [female] child .”.

4. Section 12A of the principal Act is hereby amended—

by the substitution for subsection (1) of the following subsection: “(1) Any person who, with intent or while he reasonably ought to have foreseen the possibility that any [female, whether a particular female or not, be unlawfully carnally known by any male] person may have unlawful carnal intercourse, or commit an act of indecency, with any other person for reward, performs for reward any act [or does anything or furnishes any information] which is calculated [or likely] to enable such [male] other person to communicate with [or to establish the whereabouts of or to trace] any such [female] person , shall be guilty of an offence.”; and by the deletion of subsection (2).

5. The following section is hereby substituted for section 14 of the principal Act: “Sexual offences with youths. 14. (1) Any male person who—

has or attempts to have unlawful carnal intercourse with a girl under the age of [sixteen] 16 years; or