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Section 377BC — Distribution of voyeuristic image or recording

As in force on 2 November 2022.

Timeline 2 versions
  1. 1 January 2020 Act 15 of 2019
  2. 2 November 2022 You are here
  3. 17 August 2026 Latest
377BC.Distribution of voyeuristic image or recording

(1)Any person (A) shall be guilty of an offence who —

(a)intentionally or knowingly distributes an image or recording of another person (B) without B’s consent to the distribution;

(b)knowing or having reason to believe that the image or recording was obtained through the commission of an offence under section 377BB; and

(c)knows or has reason to believe that B does not consent to the distribution.

(2)Any person (A) shall be guilty of an offence who —

(a)intentionally or knowingly has in his possession an image or recording of another person (B) for the purpose of distribution without B’s consent to the distribution;

(b)knowing or having reason to believe that the image or recording was obtained through the commission of an offence under section 377BB; and

(c)knows or has reason to believe that B does not consent to the distribution.

(3)Subject to subsection (4), a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or any combination of such punishments.

(4)Where the image or recording in subsection (1) or (2) is of a person below 14 years of age, a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine or to caning.