# Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007/Chapter 4

Chapter 4
Sexual offences against persons who are mentally disabled
Sexual exploitation and sexual grooming of, exposure or display of or causing exposure or display of child pornography or pornography to persons who are mentally disabled and using persons who are mentally disabled for pornographic purposes or benefiting therefrom
Sexual exploitation of persons who are mentally disabled
23. (1) A person (“A”) who unlawfully and intentionally engages the services of a complainant who is mentally disabled (“B”), for financial or other reward, favour or compensation to B or to a third person (“C”)—
(a)
(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 person who is mentally disabled.
(2) A person (“A”) who unlawfully and intentionally offers the services of a person who is mentally disabled (“B”) to a third person (“C”), for financial or other reward, favour or compensation to A, B or to another person (“D”)—
(a)
(b)
(c)
(d)
(e)
is guilty of an offence of being involved in the sexual exploitation of a person who is mentally disabled.
(3) A person (“A”) who—
(a)
(b)
is guilty of the offence of furthering the sexual exploitation of a person who is mentally disabled.
(4) A person (“A”) who intentionally receives financial or other reward, favour or compensation from the commission of a sexual act with a person who is mentally disabled (“B”) by a third person (“C”), is guilty of an offence of benefiting from the sexual exploitation of a person who is mentally disabled.
(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 person who is mentally disabled (“B”) by a third person (“C”), is guilty of an offence of living from the earnings of the sexual exploitation of a person who is mentally disabled.
(6) A person (“A”), including a juristic person, who—
(a)
(b)
is guilty of an offence of promoting sex tours with persons who are mentally disabled.
Sexual grooming of persons who are mentally disabled
24. (1) A person (“A”) who—
(a)
(i)
(ii)
(iii)
with the intention to encourage, enable, instruct or persuade C to perform a sexual act with a person who is mentally disabled (“B”); or
(b)
is guilty of the offence of promoting the sexual grooming of a person who is mentally disabled.
(2) A person (“A”) who—
(a)
(i)
(ii)
(iii)
with the intention to encourage, enable, instruct or persuade B to perform a sexual act;
(b)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(c)
(d)
(i)
(ii)
(aa)
(bb)
(cc)
(e)
is guilty of the offence of sexual grooming of a person who is mentally disabled.
Exposure or display of or causing exposure or display of child pornography or pornography to persons who are mentally disabled
25. A person (“A”) who unlawfully and intentionally exposes or displays or causes the exposure or display of any image, publication, depiction, description or sequence of child pornography or pornography to a complainant who is mentally disabled (“B”), is guilty of the offence of exposing or displaying or causing the exposure or display of child pornography or pornography to a person who is mentally disabled.
Using persons who are mentally disabled for pornographic purposes or benefiting therefrom
26. (1) A person (“A”) who unlawfully and intentionally uses a complainant who is mentally disabled (“B”), whether for financial or other reward, favour or compensation to B or to a third person (“C”) or not—
(a)
(b)
(c)
any image, publication, depiction, description or sequence in any manner whatsoever, of pornography or child pornography, is guilty of the offence of using a person who is mentally disabled for pornographic purposes.
(2) Any person who knowingly and intentionally in any manner whatsoever gains financially from, or receives any favour, benefit, reward, compensation or any other advantage, as the result of the commission of any act contemplated in subsection (1), is guilty of the offence of benefiting from using a person who is mentally disabled for pornographic purposes.