[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]
| (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; |
| (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]
| (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]
Implementation of Geneva Conventions Act, 2012
