Child Trafficking and Pornography Act 1998
Number 22 of 1998
CHILD TRAFFICKING AND PORNOGRAPHY ACT 1998
REVISED
Updated to 21 May 2020
This Revised Act is an administrative consolidation of the Child Trafficking and Pornography Act 1998. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, and all statutory instruments up to and including the Bovine Viral Diarrhoea (Amendment) Regulations 2020 (S.I. No. 182 of 2020), made 21 May 2020, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 22 of 1998
CHILD TRAFFICKING AND PORNOGRAPHY ACT 1998
REVISED
Updated to 21 May 2020
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Child Trafficking and Pornography Acts 1998 to 2004: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Child Trafficking and Pornography (Amendment) Act 2004 (17/2004), s. 2(2)). The Acts in this group are:
• Child Trafficking and Pornography Act 1998 (22/1998)
• Child Trafficking and Pornography (Amendment) Act 2004 (17/2004)
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Criminal Law (Sexual Offences) Act 2017 (2/2017)
• Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016)
• Children First Act 2015 (36/2015)
• Taxi Regulation Act 2013 (37/2013)
• Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (33/2013)
• Criminal Law (Human Trafficking) (Amendment) Act 2013 (24/2013)
• Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012)
• Criminal Procedure Act 2010 (27/2010)
• Criminal Law (Human Trafficking) Act 2008 (8/2008)
• Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007)
• Child Trafficking and Pornography (Amendment) Act 2004 (17/2004)
• Children Act 2001 (24/2001)
• Sex Offenders Act 2001 (18/2001)
• Bail Act 1997 (16/1997)
• Sexual Offences (Jurisdiction) Act 1996 (38/1996)
• Criminal Evidence Act 1992 (12/1992)
All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
None.
All statutory instruments up to and including Bovine Viral Diarrhoea (Amendment) Regulations 2020 (S.I. No. 182 of 2020), made 21 May 2020, were considered in the preparation of this revision.
Number 22 of 1998
CHILD TRAFFICKING AND PORNOGRAPHY ACT 1998
REVISED
Updated to 21 May 2020
ARRANGEMENT OF SECTIONS
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Section |
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Child trafficking and taking, etc., child for sexual exploitation. |
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Organising etc. child prostitution or production of child pornography. |
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Acts Referred to |
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1997, No. 16 |
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Censorship of Films Acts, 1923 to 1992 |
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Censorship of Publications Acts, 1929 to 1967 |
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1992, No. 12 |
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1996, No. 38 |
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Video Recordings Acts, 1989 and 1992 |
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Number 22 of 1998
CHILD TRAFFICKING AND PORNOGRAPHY ACT 1998
REVISED
Updated to 21 May 2020
AN ACT TO PROHIBIT TRAFFICKING IN, OR THE USE OF, CHILDREN FOR THE PURPOSES OF THEIR SEXUAL EXPLOITATION AND THE PRODUCTION, DISSEMINATION, HANDLING OR POSSESSION OF CHILD PORNOGRAPHY, AND TO PROVIDE FOR RELATED MATTERS. [29th June, 1998]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Editorial Notes:
E1
A number of Acts refer to offences under this Act as disqualifying or potentially disqualifying offences, or as otherwise meriting certain treatment. They include:
• Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 5 and sch. 1 part 2 para. 17
• Taxi Regulation Act 2013 (37/2013), ss. 10, 30, 31 and sch. part 2 para. 5
• Children First Act 2015 (36/2015), s. 2 and sch. 3 para. 10 (included in definition of sexual abuse which is included in the definition of harm)
• Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), s. 2 and sch. 1 paras. 13 and 15(c)
• Criminal Procedure Act 2010 (27/2010), s. 7 and sch. para. 11 (for purposes of Part 3, included in definition of relevant offence)
• Children Act 2001 (24/2001), ss. 251, 253-257 and sch. 1 para. 9
• Sex Offenders Act 2001 (18/2001), s. 3 and sch. para. 16
• Bail Act 1997 (16/1997), s. 1 and sch. para. 12A (included in definition of serious offence)
• Sexual Offences (Jurisdiction) Act 1996 (38/1996), s. 2 and sch. paras. 9, 10 as inserted
• Civil Legal Aid Act 1995 (32/1995), s. 26 as amended by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 3
• Criminal Evidence Act 1992 (12/1992), s. 2 and Part III