(1) A person ('A') who—
| (a) |
manufactures, produces, possesses, distributes or facilitates the manufacture, production or distribution of an article, which is exclusively intended to facilitate the commission of a sexual act with or by a child ('B'); |
| (b) |
manufactures, produces, possesses, distributes or facilitates the manufacture, production or distribution of a publication or film that promotes or is intended to be used in the commission of a sexual act with or by 'B'; |
| (c) |
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 B; or
| (d) |
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 child.
| (a) |
supplies, exposes or displays to a child complainant ('B')— |
| (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 a 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 diminish or reduce 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 20(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 child 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 child.
Older Persons Act, 2006
