[Section 24B heading substituted by section 25(a) of Proc 52, GG 45959, dated 25 February 2022]
| (a) |
unlawfully possesses child pornography; |
| (b) |
creates, produces or in any way contributes to, or assists in the creation or production of child pornography; |
| (c) |
imports or in any way takes steps to procure, obtain or access or in any way knowingly assists in, or facilitates the importation, procurement, obtaining or accessing of child pornography; or |
| (d) |
knowingly makes available, exports, broadcasts or in any way distributes or causes to be made available, exported, broadcast or distributed or assists in making available, exporting, broadcasting or distributing, any film, game or publication which contains depictions, descriptions or scenes of child pornography or which advocates, advertises, encourages or promotes child pornography or the sexual exploitation of children, |
shall be guilty of an offence.
[Section 24B(1) substituted by section 25(b) of Proc 52, GG 45959, dated 25 February 2022]
| (2) |
Any person who, having knowledge of the commission of any offence under subsection (1) or having reason to suspect that such an offence has been or is being committed and fails to— |
| (a) |
report such knowledge or suspicion as soon as possible to a police official of the South African Police Service; and |
| (b) |
furnish, at the request of the South African Police Service, all particulars of such knowledge or suspicion, |
shall be guilty of an offence.
| (3) |
Any person who processes, facilitates or attempts to process or facilitate a financial transaction, knowing that such transaction will facilitate access to, or the distribution or possession of, child pornography, shall be guilty of an offence.
|
| (4) |
A court which convicts a person of an offence in terms of subsection (1)(b) may, where a penalty is not prescribed in respect of that offence by any other Act of Parliament, impose a sentence as referred to in section 276 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), which that court considers appropriate and which is within that court's penal jurisdiction. |
| (5) |
Any person who contravenes subsection (1)(d), is liable— |
| (a) |
in the case of a first conviction to a fine or to imprisonment for a period not exceeding 10 years or to both such fine and imprisonment; or |
| (b) |
in the case of a second and subsequent conviction , to a fine or to imprisonment for a period not exceeding 15 years or to both such fine and imprisonment . |
| (6) |
Any person who contravenes subsection (1)(a) or (c), is liable— |
| (a) |
in the case of a first conviction, to a fine or to imprisonment for a period not exceeding five years or to both such fine and imprisonment ; |
| (b) |
in the case of a second conviction, to a fine or to imprisonment for a period not exceeding 10 years or to both such fine and imprisonment; or |
| (c) |
in the case of a third or subsequent conviction, to a fine or to imprisonment for a period not exceeding 15 years or to both such fine and imprisonment. |
| (7) |
Any person who contravenes the provisions of subsection (2), is liable, on conviction, to a fine or to imprisonment for a period not exceeding 5 years or to both such fine and imprisonment. |
| (8) |
Any person who contravenes the provisions of subsection (3) is liable— |
| (a) |
in the case of a first conviction, to a fine of R1 000 000 or to imprisonment for a period not exceeding five years, or to both such fine and imprisonment; or |
| (b) |
in the case of a second or subsequent conviction, to a fine of R2 000 000 or to imprisonment for a period not exceeding 10 years or to both such fine and imprisonment. |
[Section 24B(4 - 8) inserted by section 25(c) of Proc 52, GG 45959, dated 25 February 2022]
[Section 24B inserted by section 29 of Notice No. 876, GG 32534, dated 28 August 2009]
Intellectual Property Rights from Publicly Financed Research and
