| (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 |
| (b) |
by committing a sexual act with B, |
is, in addition to any other offence which he or she may be convicted of, guilty of the offence of sexual exploitation of a child.
[Section 17(1) substituted by section 2 of Act No. 6 of 2012]
| (2) |
A person ('A') who unlawfully and intentionally offers the services of a child complainant ('B') to a third person ('C'), with or without the consent of B, for financial or other reward, favour or compensation to A, B or to another person ('D')— |
| (a) |
for purposes of the commission of a sexual act with B by C; |
| (b) |
by inviting, persuading or inducing B to allow C to commit a sexual act with B; |
| (c) |
by participating in, being involved in, promoting, encouraging or facilitating the commission of a sexual act with B by C; |
| (d) |
by making available, offering or engaging B for purposes of the commission of a sexual act with B by C; or |
| (e) |
by detaining B, whether under threat, force, coercion, deception, abuse of power or authority, for purposes of the commission of a sexual act with B by C, |
is guilty of an offence of being involved in the sexual exploitation of a child.
| (a) |
intentionally allows or knowingly permits the commission of a sexual act by a third person ('C') with a child complainant ('B'), with or without the consent of B, while being a primary care-giver defined in section 1 of the Social Assistance Act, 2004 (Act No. 13 of 2004), parent or guardian of B; or |
| (b) |
owns, leases, rents, manages, occupies or has control of any movable or immovable property and intentionally allows or knowingly permits such movable or immovable property to be used for purposes of the commission of a sexual act with B by C, with or without the consent of B, |
is guilty of the offence of furthering the sexual exploitation of a child.
| (4) |
A person ('A') who intentionally receives financial or other reward, favour or compensation from the commission of a sexual act with a child complainant ('B'), with of 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.
Stamp Duties Act, 1968 (Act 77 of 1968)
