# Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007/2012-06-26/Chapter 3

Chapter 3
Sexual offences against children
Part 1: Consensual sexual acts with certain children
Acts of consensual sexual penetration with certain children (statutory rape)
15. (1) A person (“A”) who commits an act of sexual penetration with a child (“B”) is, despite the consent of B to the commission of such an act, guilty of the offence of having committed an act of consensual sexual penetration with a child.
(2) (a) The institution of a prosecution for an offence referred to in subsection (1) must be authorised in writing by the National Director of Public Prosecutions if both A and B were children at the time of the alleged commission of the offence: Provided that, in the event that the National Director of Public Prosecutions authorises the institution of a prosecution, both A and B must be charged with contravening subsection (1).
(b) The National Director of Public Prosecutions may not delegate his or her power to decide whether a prosecution in terms of this section should be instituted or not.
Acts of consensual sexual violation with certain children (statutory sexual assault)
16. (1) A person (“A”) who commits an act of sexual violation with a child (“B”) is, despite the consent of B to the commission of such an act, guilty of the offence of having committed an act of consensual sexual violation with a child.
(2) (a) The institution of a prosecution for an offence referred to in subsection (1) must be authorised in writing by the relevant Director of Public Prosecutions if both A and B were children at the time of the alleged commission of the offence: Provided that, in the event that the Director of Public Prosecutions concerned authorises the institution of a prosecution, both A and B must be charged with contravening subsection (1).
(b) The Director of Public Prosecutions concerned may not delegate his or her power to decide whether a prosecution in terms of this section should be instituted or not.
Part 2: Sexual exploitation and sexual grooming of children, exposure or display of or causing exposure or display of child pornography or pornography to children and using children for pornographic purposes or benefiting from child pornography
Sexual exploitation of children
17. (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)
(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.
(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)
(b)
(c)
(d)
(e)
is guilty of an offence of being involved in the sexual exploitation of a child.
(3) A person (“A”) who—
(a)
(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 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)
(b)
is guilty of an offence of promoting child sex tours.
Sexual grooming of children
18. (1) A person (“A”) who—
(a)
(b)
(c)
(i)
(ii)
(iii)
with the intention to encourage, enable, instruct or persuade C to perform a sexual act with B; or
(d)
is guilty of the offence of promoting the sexual grooming of a child.
(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 child.
Exposure or display of or causing exposure or display of child pornography or pornography to children
19. A person (“A”) who unlawfully and intentionally exposes or displays or causes the exposure or display of—
(a)
(b)
(c)
to a child (“B”), with or without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of child pornography or pornography to a child.
Using children for or benefiting from child pornography
20. (1) A person (“A”) who unlawfully and intentionally uses a child complainant (“B”), with or without the consent of 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 child pornography, is guilty of the offence of using a child for child pornography.
(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 child pornography.
Part 3: Compelling or causing children to witness sexual offences, sexual acts or self-masturbation and exposure or display of or causing exposure or display of genital organs, anus or female breasts (“flashing”) to children
Compelling or causing children to witness sexual offences, sexual acts or self-masturbation
21. (1) A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, compels or causes a child complainant (“B”), without the consent of B, to be in the presence of or watch A or C while he, she or they commit a sexual offence, is guilty of the offence of compelling or causing a child to witness a sexual offence.
(2) A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, compels or causes a child complainant (“B”), without the consent of B, to be in the presence of or watch—
(a)
(b)
is guilty of the offence of compelling or causing a child to witness a sexual act.
(3) A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, compels or causes a child complainant (“B”), without the consent of B, to be in the presence of or watch A or C while he or she engages in an act of self-masturbation, is guilty of the offence of compelling or causing a child to witness self-masturbation.
Exposure or display of or causing exposure or display of genital organs, anus or female breasts to children (“flashing”)
22. A person (“A”) who unlawfully and intentionally, whether for the sexual gratification of A or of a third person (“C”) or not, exposes or displays or causes the exposure or display of the genital organs, anus or female breasts of A or C to a child complainant (“B”), with or without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of genital organs, anus or female breasts to a child.