Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

Chapter 4 : Sexual Offences against Persons with Mental Disabilities

Sexual exploitation and sexual grooming of, exposure or display of or causing exposure or display of child pornography or pornography to persons with mental disabilities and using persons with mental disabilities for pornographic purposes or benefiting therefrom

24. Sexual grooming of persons with mental disabilities

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[Heading substituted by section 8(a) and 30(b) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]

 

(1)A person ('A') who—
(a)supplies, exposes or displays to a third person ('C')—
(i)an article which is intended to be used in the performance of a sexual act;
(ii)child pornography or pornography; or
(iii)a publication or film,

with the intention to encourage, enable, instruct or persuade C to perform a sexual act with a person with a mental disability ('B'); or

(b)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 with a mental disability.

[Section 24(1) substituted by section 8(b) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]

 

(2)A person ('A') who—
(a)supplies, exposes or displays to a person with a mental disability ('B')—

[Words preceding Section 24(2)(a)(i) substituted by section 8(c) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]

(i)an article which is intended to be used in the performance of a sexual act;
(ii)child pornography or pornography; or
(iii)a publication or film,

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

(b)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 reduce or diminish any resistance or unwillingness on the part of B to—
(i)perform a sexual act with A or a third person ('C');
(ii)perform an act of self-masturbation in the presence of A or C or while A or C is watching;
(iii)be in the presence of or watch A or C while A or C performs a sexual act or an act of self-masturbation;
(iv)be exposed to child pornography or pornography;
(v)be used for pornographic purposes as contemplated in section 26(1); or
(vi)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;
(c)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;
(d)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—
(i)to travel to any part of the world in order to meet A with the intention to commit a sexual act with B; or
(ii)during such meeting or communication or any subsequent meeting or communication to—
(aa)commit a sexual act with A;
(bb)discuss, explain or describe the commission of a sexual act; or
(cc)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
(e)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 with a mental disability.

[Section 24(2)(e) substituted by section 8(d) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]