Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act 2012.pdf/2

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General explanatory note:

[                      ]	Words in bold type in square brackets indicate omissions from existing enactments.
	Words underlined with a solid line indicate insertions in existing enactments.

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(English text signed by the President.)
(Assented to 23 June 2012.)

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Act

To amend the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, so as to expressly provide that the imposition of penalties in respect of certain offences contained in the Act is left to the discretion of the courts; and to provide for matters connected therewith.

Parliament of the Republic of South Africa enacts, as follows:-

Substitution of section 11 of Act 32 of 2007

1. The following section is hereby substituted for section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (hereinafter referred to as the principal Act):

“Engaging sexual services of persons 18 years or older

11. A person (‘A’) who unlawfully and intentionally engages the services of a person 18 years or older (‘B’), for financial or other reward, favour or compensation to B or to a third person (‘C’)—

(a)

for the purpose of engaging in a sexual act with B, irrespective of whether the sexual act is committed or not; or

(b)

by committing a sexual act with B.

is guilty of the offence of engaging the sexual services of a person 18 years or older.”.

Amendment of section 17 of Act 32 of 2007

2. Section 17 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) A person (‘A’) who unlawfully and intentionally engages the services of a child complainant (‘B’), with or without the consent of B, for financial or other reward, favour or compensation to B or to a third person (‘C’)—

(a)

for the purpose of engaging in a sexual act with B, irrespective of whether the sexual act is committed or not; or