Criminal Law (Human Trafficking) Act 2008

5.

Soliciting or importuning for purposes of prostitution of trafficked person.

5.— (1) Where, for the purposes of the prostitution of a trafficked person, a person (other than that trafficked person) solicits or importunes another person, including that trafficked person, in any place, he or she shall be guilty of an offence.

(2) A person (other than the trafficked person in respect of whom the offence under subsection (1) is committed) who accepts, or agrees to accept a payment, right, interest or other benefit from a person for a purpose mentioned in subsection (1) shall be guilty of an offence.

F5 [ (2A) A person who pays, gives, offers or promises to pay or give a person (including the trafficked person) money or any other form of remuneration or consideration for the purposes of the prostitution of a trafficked person shall be guilty of an offence. ]

(3) A person guilty of an offence under this section shall be liable—

( a) on summary conviction to a fine not exceeding €5,000 or a term of imprisonment not exceeding 12 months, or both, or

( b) on conviction on indictment to a fine or a term of imprisonment not exceeding 5 years, or both.

(4) In proceedings for an offence under this section it shall be a defence for the defendant to prove that he or she did not know and had no reasonable grounds for believing, that the person in respect of whom the offence was committed was a trafficked person.

(5) This section is in addition to, and not in substitution for, F6 [ sections 7 and 7A of the Act of 1993 in so far as an offence under those sections ] is committed by, or in respect of, a trafficked person.

(6) In this section—

“Act of 1993” means the Criminal Law (Sexual Offences) Act 1993;

“solicits or importunes” has the same meaning as it has in the Act of 1993;

“trafficked person” means—

( a) a person in respect of whom an offence under subsection (1) or (3) of section 4 has been committed, or

( b) a child who has been trafficked for the purpose of his or her exploitation.

Annotations:

Amendments:

F5

Inserted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 26(a), S.I. No. 112 of 2017.

F6

Substituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 26(b), S.I. No. 112 of 2017.

Editorial Notes:

E15

Offence under section included in definition of “specified offence” for purposes of Taxi Regulation Act 2013 (37/2013) (1.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 30 and schedule, S.I. No. 163 of 2014, art 2.

E16

Offence under section, insofar as it relates to a person in respect of whom an offence under s. 4(1) or 4(3) has been committed (soliciting or importuning for purposes of prostitution of trafficked person), included in sch. 2 (offences against vulnerable persons for purposes of offence under s. 3) to Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012) (01.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), s. 3 and sch. 2 item 10(b), S.I. No. 281 of 2012.

E17

Offence under section, insofar as it relates to a child who has been trafficked for the purpose of his or her exploitation (soliciting or importuning for purposes of prostitution of trafficked person), included in sch. 1 (offences against children for purposes of offence under s. 2) to Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012) (01.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), s. 2 and sch. 1 item 15(b), S.I. No. 281 of 2012.

E18

Obligation imposed on Legal Aid Board to grant legal advice to a person who is an alleged victim of an offence under section by Civil Legal Aid Act 1995 (32/1995), s. 26(3B), as inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 3(a), commenced on enactment.