Criminal Law (Sexual Offences) Act 2017

13

Participation of child in pornographic performance

13. The Act of 1998 is amended by the insertion of the following section after section 5:

5A. (1) A person who—

(a) causes, incites, compels or coerces, or

(b) recruits, invites or induces,

a child to participate in a pornographic performance, or gains from such participation, shall be guilty of an offence.

(2) A person who attempts to commit an offence under subsection (1) shall be guilty of an offence.

(3) A person guilty of an offence under subsection (1) or (2) shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.

(4) A person who knowingly attends a pornographic performance shall be guilty of an offence.

(5) A person guilty of an offence under subsection (4) 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 10 years, or both.

(6) In this section—

‘attends a pornographic performance’ includes viewing the performance by means of information and communication technology,

‘pornographic performance’ means a live exhibition aimed at an audience, including by means of information and communication technology, of—

(a) a child engaged in real or simulated sexually explicit activity, or

(b) the sexual organs of a child for primarily sexual purposes.”.