Child Trafficking and Pornography Act 1998

Child trafficking and taking, etc., child for sexual exploitation.

3

3.—F3[(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.]

(2A) F4[…]

(2B) F4[…]

F5[(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. ]

F6[(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;

F7[“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) inducing or coercing the child to engage or participate in any sexual, indecent or obscene act,

(e) inviting the child to engage or participate in any sexual, indecent or obscene act which, if done, would involve the commission of an offence against the child, or

(f) 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.]

Annotations

Amendments:

F3

Substituted (7.06.2008) by Criminal Law (Human Trafficking) Act 2008 (8/2008), s. 3(a), commenced as per s. 15(2).

F4

Repealed (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 10(a) S.I. No. 112 of 2017.

F5

Substituted (7.06.2008) by Criminal Law (Human Trafficking) Act 2008 (8/2008), s. 3(b), commenced as per s. 15(2).

F6

Inserted (7.06.2008) by Criminal Law (Human Trafficking) Act 2008 (8/2008), s. 3(b), commenced as per s. 15(2).

F7

Substituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 10(b) S.I. No. 112 of 2017.

Modifications (not altering text):

C1

Application of section extended (7.06.2008) by Criminal Law (Human Trafficking) Act 2008 (8/2008), s. 7, commenced on as per s. 15(2).

Jurisdiction.

7.— (1) Where a person who is an Irish citizen or ordinarily resident in the State does an act in a place other than the State that, if done in the State, would constitute an offence under section 2 or 4, or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, he or she shall be guilty of an offence and shall be liable on conviction on indictment to a fine, or imprisonment for life, or both.

(2) Where a person does an act in relation to an Irish citizen in a place other than the State that, if done in the State, would constitute an offence under section 2 or 4, or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, he or she shall be guilty of an offence and shall be liable on conviction on indictment to a fine, or imprisonment for life, or both.

(3) Where a person conspires with, or incites, in the State, another person to do an act in a place other than the State that, if done in the State, would constitute an offence under section 2 or 4, or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, he or she shall be guilty of an offence and shall be liable on conviction on indictment to a fine, or imprisonment for life, or both.

(4) 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 in a place other than the State that, if done in the State, would constitute an offence under section 2 or 4, or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, he or she shall be guilty of an offence and shall be liable on conviction on indictment to a fine, or imprisonment for life, or both.

(5) Where a person conspires with, or incites, in the State or in a place other than the State, another person to do an act in relation to an Irish citizen in a place other than the State that, if done in the State, would constitute an offence under section 2 or 4, or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, he or she shall be guilty of an offence and shall be liable on conviction on indictment to a fine, or imprisonment for life, or both.

(6) Where a person conspires with, or incites, in a place other than the State, a person who is an Irish citizen or ordinarily resident in the State to do an act in a place other than the State that, if done in the State, would constitute an offence under section 2 or 4, or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, he or she shall be guilty of an offence and shall be liable on conviction on indictment to a fine, or imprisonment for life, or both.

(7) Where a person attempts to commit an offence under subsection (1), (2), (3), (4), (5) or (6), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a fine, or imprisonment for life, or both.

(8) 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 registered under the Companies Acts, or

(c) in the case of any other body corporate, it is established under the law of the State.

Editorial Notes:

E2

Previous affecting provision: subss. (2A) and (2B) inserted (7.03.2007) by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007), s. 6(a), commenced on enactment; repealed as per F-note above.

E3

Previous affecting provision: subs. (3) substituted (7.03.2007) by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007), s. 6(b), commenced on enactment; substituted as per F-note above.