Head 5: Soliciting or paying for purpose of sexually exploiting a child
Provide that -
(1) A person who, in any place or by any means,
(a) solicits or importunes a child,
(b) pays, offers or promises to pay or attempts to pay a child or another person money, or
(c) provides, offers or promises to provide or attempts to provide a child or another person with some other form of financial advantage,
for the purpose of the sexual exploitation of the child by that or any other person is guilty of an offence.
(2) A person who accepts or agrees to accept money or some other form of financial advantage in the circumstances referred to in subhead (1) is guilty of an offence.
(3) It shall be a defence to proceedings for an offence under subheads (1) and (2) for the defendant to prove that he/she honestly believed that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 18 years
(4) Where, in proceedings for an offence under subheads (1) and (2), it falls to the court to consider whether the defendant honestly believed that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 18 years, the court shall have regard to the presence or absence of reasonable grounds for the defendant’s so believing and all other relevant circumstances.
(5) A person guilty of an offence under this head is liable on conviction on indictment -
(a) in case the child was under 15 years of age, to imprisonment for a term not exceeding 7 years, and
(b) in case the child was 15 years of age or over but under 18 years of age, to imprisonment for a term not exceeding 3 years.