Criminal Law (Human Trafficking) Act 2008

3.

Trafficking, taking, etc., of child for purpose of sexual exploitation.

3.— Section 3 (amended by section 6 of the Criminal Law (Sexual Offences) (Amendment) Act 2007) of the Act of 1998 is amended by—

( a) the substitution of the following subsections for subsections (1) and (2):

“(1) A person who trafficks a child for the purposes of the sexual exploitation of the child shall be guilty of an offence and shall be liable upon conviction on indictment—

( a) to imprisonment for life or a lesser term, and

( b) at the discretion of the court, to a fine.

(2) A person who—

( a) sexually exploits a child, or

( b) takes, detains, or restricts the personal liberty of, a child for the purpose of his or her sexual exploitation,

shall be guilty of an offence and shall be liable upon conviction on indictment—

(i) to imprisonment for life or a lesser term, and

(ii) at the discretion of the court, to a fine.”,

and

( b) the substitution of the following subsections for subsection (3):

“(3) A person who causes another person to commit an offence under subsection (1) or (2) shall be guilty of an offence and shall be liable upon conviction on indictment—

( a) to imprisonment for life or a lesser term, and

( b) at the discretion of the court, to a fine.

(4) A person who attempts to commit an offence under subsection (1), (2) or (3) shall be guilty of an offence and shall be liable upon conviction on indictment—

( a) to imprisonment for life or a lesser term, and

( b) at the discretion of the court, to a fine.

(5) In this section—

‘child’ means a person under the age of 18 years;

‘sexual exploitation’ means, in relation to a child—

( a) inviting, inducing or coercing the child to engage in prostitution or the production of child pornography,

( b) the prostitution of the child or the use of the child for the production of child pornography,

( c) the commission of an offence specified in the Schedule to the Sex Offenders Act 2001 against the child; causing another person to commit such an offence against the child; or inviting, inducing or coercing the child to commit such an offence against another person,

( d) inviting, inducing or coercing the child to engage or participate in any sexual, indecent or obscene act, or

( e) inviting, inducing or coercing the child to observe any sexual, indecent or obscene act, for the purpose of corrupting or depraving the child,

and ‘sexually exploits’ shall be construed accordingly;

‘trafficks’ means, in relation to a child—

( a) procures, recruits, transports or harbours the child, or—

(i) transfers the child to,

(ii) places the child in the custody, care or charge, or under the control, of, or

(iii) otherwise delivers the child to,

another person,

( b) causes the child to enter or leave the State or to travel within the State,

( c) takes custody of the child or takes the child—

(i) into one’s care or charge, or

(ii) under one’s control,

or

( d) provides the child with accommodation or employment.”.