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Section 377BG — Using or involving child in production of child abuse material

As in force on 28 July 2023.

Timeline 2 versions
  1. 1 January 2020 Act 15 of 2019
  2. 28 July 2023 You are here
  3. 17 August 2026 Latest
377BG.Using or involving child in production of child abuse material

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

(a)uses a person who is below 16 years of age for the production of material which he knows or has reason to believe is child abuse material;

(b)causes or procures a person of that age to be so used; or

(c)having the care or custody of a person of that age, consents to the person being so used or allows the person to be so used.

(2)A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.

(3)For the purposes of subsection (1) —

(a)a person may have the care of a person below 16 years of age without necessarily being entitled by law to have the custody of the child;

(b)the ways in which material is produced may include —

(i)filming, printing, photographing, recording, drawing or otherwise generating material;

(ii)altering or manipulating material; or

(iii)reproducing or copying material; and

(c)the ways in which a person may be used in the production of material include inviting or encouraging the person to be involved, or offering the person to be involved, in the production of the material.