Child Trafficking and Pornography Act 1998

4A

F9[Organising etc. child prostitution or production of child pornography

4A. (1) A person who—

(a) controls or directs the activities of a child for the purposes of the prostitution of the child or the use of the child for the production of child pornography,

(b) organises the prostitution of children or the production of child pornography by controlling or directing the activities of more than one child for those purposes,

(c) compels, coerces or recruits a child to engage or participate in child prostitution or the production of child pornography,

(d) knowingly gains from the prostitution of a child or the production of child pornography, or

(e) incites or causes a child to become involved in child prostitution or production of child pornography,

shall be guilty of an offence.

(2) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 14 years or both.]

Annotations

Amendments:

F9

Inserted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s.11, S.I. No. 112 of 2017.

Modifications (not altering text):

C2

Application of section extended (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 42, S.I. No. 112 of 2017.

Jurisdiction

42. (1) Where a person who is an Irish citizen or ordinarily resident in the State does an act against a child in a place other than the State that, if done in the State, would constitute rape, sexual assault, an offence under section 4A, 5(1)(a) or 5A(1) of the Act of 1998, or an offence under section 2, 3 or 3A of the Act of 2006, he or she shall be guilty of that offence.

(2) Where a person conspires with, or incites, in the State, another person to do an act against a child in a place other than the State that, if done in the State, would constitute rape, sexual assault, an offence under section 4A, 5(1)(a) or 5A(1) of the Act of 1998, or an offence under section 2, 3 or 3A of the Act of 2006, he or she shall be guilty of an offence.

(3) Where a person who is an Irish citizen or ordinarily resident in the State conspires with, or incites, in a place other than the State, another person to do an act against a child in a place other than the State that, if done in the State, would constitute rape, sexual assault, an offence under section 4A, 5(1)(a) or 5A(1) of the Act of 1998, or an offence under section 2, 3 or 3A of the Act of 2006, he or she shall be guilty of an offence.

(4) Where a person attempts to commit an offence under subsection (2) or (3), he or she shall be guilty of an offence.

(5) A person found guilty of an offence under this section shall be liable on conviction to the penalty to which he or she would have been liable had the act that constituted the offence been done in the State.

(6) For the purposes of this section a person shall be deemed to be ordinarily resident in the State if—

(a) he or she has had his or her principal residence in the State for the period of 12 months immediately preceding the alleged commission of the offence,

(b) it is a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act, or

(c) in the case of any other body corporate, it is established under the law of the State.