Back to Penal Code 1871

Section history

Section 376B — Commercial sex with minor below 18 years of age

As in force on 3 January 2023.

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. 3 January 2023 You are here
  6. 17 August 2026 Latest
376B.Commercial sex with minor below 18 years of age

(1)Any person who obtains for consideration the sexual services of a person, who is below 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 below 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;

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

(c)touching which is sexual of another person or of himself or herself.