Child Trafficking and Pornography Act 1998

Producing, distributing, etc., child pornography.

5

F10 [ 5. (1) Subject to subsections (3) and (4) of section 6 , a person who

( a ) knowingly produces any child pornography,

( b ) knowingly distributes, transmits, disseminates, prints or publishes any child pornography,

( c ) knowingly imports, exports, sells or shows any child pornography,

( d ) knowingly supplies or makes available any child pornography to another person,

( e ) knowingly publishes, distributes, transmits or disseminates any advertisement likely to be understood as conveying that the advertiser or any other person produces, distributes, transmits, disseminates, prints, publishes, imports, exports, sells, shows, supplies or makes available any child pornography,

( f ) encourages, knowingly causes or facilitates any activity mentioned in paragraphs (a) to (e) , or

( g ) knowingly possesses any child pornography for the purpose of distributing, transmitting, disseminating, publishing, exporting, selling or showing it,

shall be guilty of an offence and shall be liable

(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding 14 years or both.

(2) A person who attempts to commit an offence under subsection (1) shall be guilty of an offence and shall be liable

( a ) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

( b ) on conviction on indictment, to a fine or imprisonment for a term not exceeding 14 years or both.

(3) In this section distributes , transmits or disseminates , in relation to child pornography, includes parting with possession of it to, or exposing or offering it for acquisition by, another person, and the references to distributing , transmitting and disseminating in that context shall be construed accordingly. ]

Annotations:

Amendments:

F10

Substituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 12, S.I. No. 112 of 2017.

Modifications (not altering text):

C3

Application of subs. (1)(a) 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.