Acts Online
GT Shield

Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

Chapter 4 : Sexual Offences against Persons with Mental Disabilities

Sexual exploitation and sexual grooming of, exposure or display of or causing exposure or display of child pornography or pornography to persons with mental disabilities and using persons with mental disabilities for pornographic purposes or benefiting therefrom

26. Using persons with mental disabilities for pornographic purposes or benefiting therefrom

[Heading substituted by section 10 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]

 

(1) A person ('A') who unlawfully and intentionally uses a complainant with a mental disability ('B'), whether for financial or other reward, favour or compensation to B or to a third person ('C') or not—
(a) for the purpose of creating, making or producing;
(b) by creating, making or producing; or
(c) in any manner assisting to create, make or produce,

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 with a mental disability 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 with a mental disability for pornographic purposes.

 

[Section 26 substituted by section 10 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]