Sexual Offences against Children
11
(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
12. (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
13. (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.