Back to Penal Code 1871

Section history

Section 376B — Commercial sex with minor under 18

As in force on 1 February 2008.

Timeline 5 versions
  1. 30 March 1987 Enacted
  2. 1 February 2008 Act 51 of 2007
  3. 1 January 2020 Act 15 of 2019
  4. 31 December 2021 Revised edition
  5. 17 August 2026 Latest
Amended in force 1 February 2008 by Penal Code (Amendment) Act 2007
376B.Punishment for incest committed by men

A man who commits incest shall be punished with imprisonment for a term which may extend to 5 years and if the woman is found to be under the age of 14 the offender shall be punished with imprisonment for a term which may extend to 14 years.

376B.Commercial sex with minor under 18

(1)Any person who obtains for consideration the sexual services of a person, who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.

(2)Any person who communicates with another person for the purpose of obtaining for consideration, the sexual services of a person who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

(3)No person shall be guilty of an offence under this section for any sexual services obtained from that person’s spouse.

(4)In this section, “sexual services” means any sexual services involving —

(a)sexual penetration of the vagina or anus, as the case may be, of a person by a part of another person’s body (other than the penis) or by anything else; or

(b)penetration of the vagina, anus or mouth, as the case may be, of a person by a man’s penis.