Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
or without the consent of B, by a third person (“C”), is guilty of an offence of benefiting from the sexual exploitation of a child.
(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 child complainant (“B”), with or without the consent of B, by a third person (“C”), is guilty of an offence of living from the earnings of the sexual exploitation of a child.
(6) A person (“A”), including a juristic person, who—
(a)
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 child complainant (“B”), with or without the consent of B, irrespective of whether that act is committed or not; or
(b)
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 child sex tours.
Sexual grooming of children
18. (1) A person (“A”) who—
(a)
manufactures, produces, possesses, distributes or facilitates the manufacture, production or distribution of an article, which is exclusively intended to facilitate the commission of a sexual act with or by a child (“B”);
(b)
manufactures, produces, possesses, distributes or facilitates the manufacture, production or distribution of a publication or film that promotes or is intended to be used in the commission of a sexual act with or by B;
(c)
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 B; or
(d)
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 child.
(2) A person (“A”) who—
(a)
supplies, exposes or displays to a child complainant (“B”)—
(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 a 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 diminish or reduce 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 20(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;
