Sexually communicating with a child
(1) Subject to subsection (3), any person who—
(a) sexually communicates with a child; or
(b) encourages a child to sexually communicate, by any means, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding three years.
(2) For the purposes of this section, a person is said to sexually communicate if—
(a) the communication or any part of the communication relates to an activity that is sexual in nature; or
(b) any reasonable person would consider any part of the communication to be sexual.
(3) No person shall be convicted of an offence under this section if the communication is for education, scientific or medical purposes.
Child grooming
(1) Any person who communicates by any means with a child with the intention to commit or to facilitate the commission of any offence under section 5, 6, 7, 8, 14 or 15 or any offence specified in the Schedule against the child commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding five years and shall also be liable to whipping.
(2) In any proceedings under this section, the fact that any offence under section 5, 6, 7, 8, 14 or 15 or any offence specified in the Schedule has been committed need not be specified or proven.
ILLUSTRATIONS
(a) A communicates with Z, a child via social media by pretending to be a teenager and develops a love relationship with Z with the intention of using Z in the making of child pornography. A never meets Z. A is guilty of an offence under this section.
(b) A communicates with Z, a child via e-mail and befriends Z with the intention that A’s friends C and B could rape Z. A never meets Z. A is guilty of an offence under this section.
Meeting following child grooming
(1) Any person who, having communicated by any means with a child, travels to meet with the child or meets with the child with the intention to commit or to facilitate the commission of any offence under section 5, 6, 7, 8, 14 or 15 or any offence specified in the Schedule against the child commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years and shall also be liable to whipping.
(2) In any proceedings under this section, the fact that any offence under section 5, 6, 7, 8, 14 or 15 or any offence specified in the Schedule has been committed need not be specified or proven.
ILLUSTRATIONS
(a) A communicates with Z, a child via social media by pretending to be a teenager and develops a love relationship with Z. A takes a step further and meets Z with the intention of using Z in the making of child pornography. A is guilty of an offence under this section.
(b) A communicates with Z, a child via e-mail and befriends Z. A takes a step further and meets Z with the intention that A’s friends C and B could rape Z. A is guilty of an offence under this section.
