Child Trafficking and Pornography Act 1998

Possession of child pornography.

6

F12 [ 6. (1) Without prejudice to section 5(1)(g) and subject to subsections (3) and (4) , any person who

( a ) knowingly acquires or possesses child pornography, or

( b ) knowingly obtains access to child pornography by means of information and communication technology,

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 5 years or both.

(2) Any 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 5 years or both.

(3) Subsections (1) and (2) of section 5 and subsections (1) and (2) shall not apply to a person who possesses or obtains access to child pornography

( a ) in the exercise of functions under the Censorship of Films Acts 1923 to 1992, the Censorship of Publications Acts 1929 to 1967, or the Video Recordings Acts 1989 and 1992, or

( b ) for the purpose of the prevention, investigation or prosecution of offences under this Act.

(4) Without prejudice to subsection (3) , it shall be a defence in a prosecution for an offence under section 5(1) or (2) or this section for the accused to prove that he or she possessed or obtained access to the child pornography concerned for the purposes of bona fide research. ]

Annotations:

Amendments:

F12

Substituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 14, S.I. No. 112 of 2017.