Section 62—Indecent image or photograph of a child

(1) A person shall not
(a) take or permit to be taken an indecent image or photograph of a child;
(b) produce or procure an indecent images or photograph of a child for the purpose of the publication of the indecent image or photograph through a computer system;
(c) publish, stream. including live stream, an indecent images or photograph of a child through a computer or an electronic device; or
(d) possess an indecent images or photograph of a child in a computer system or on a computer or electronic record storage medium.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than two thousand five hundred penalty units and not more than five thousand penalty units or to a term of imprisonment of not less than five years and not more than ten years or to both.

(3) For purposes of paragraph (c) of subsection (1), a person publishes an indecent photograph, image or visual recording if that person,
(a) parts with possession of the indecent photograph, image or recording to another person; or
(b) exposes or offers the indecent photograph. image or recording for acquisition by another person.

(4) For the purpose of this section, "indecent image or photographs" includes a material images, visual recording, video, drawing or text that depicts
(a) a child engaged in sexually explicit or suggestive conduct;
(b) a person who appears to be a child engaged in sexually explicit or suggestive conduct;
(c) image representing a child engaged in sexually explicit or suggestive conduct;
(d) sexually explicit images of children;
(e) any written material, visual representation or audio recording that advocates or counsels sexual activity with children that would be an offence under the Criminal Offences Act, 1960 (Act 29) or any other relevant enactment;
(f) any written material that has, as its dominant characteristic, the description, for a sexual purpose, of sexual activity with a child that would be an offence under the Criminal Offences Act, 1960 (Act 29) or any other relevant enactment; or
(g) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a child that would be an offence under the Criminal Offences Act, 1960 (Act 29) or any other relevant enactment.