Child Trafficking and Pornography Act, 1998

Child Trafficking and Pornography Act, 1998 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1998 Child Trafficking and Pornography Act, 1998 Child Trafficking and Pornography Act, 1998 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 22 of 1998 CHILD TRAFFICKING AND PORNOGRAPHY ACT, 1998 ARRANGEMENT OF SECTIONS Section

Section 1

Short title and commencement.

Section 2

Interpretation.

Section 3

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

Section 4

Allowing child to be used for child pornography.

Section 5

Producing, distributing, etc., child pornography.

Section 6

Possession of child pornography.

Section 7

Entry, search and seizure.

Section 8

Forfeiture.

Section 9

Offences by bodies corporate.

Section 10

Amendment of Criminal Evidence Act, 1992.

Section 11

Amendment of Sexual Offences (Jurisdiction) Act, 1996.

Section 12

Amendment of Bail Act, 1997.

Acts Referred to Bail Act, 1997 1997, No. 16 Censorship of Films Acts, 1923 to 1992 Censorship of Publications Acts, 1929 to 1967 Criminal Evidence Act, 1992 1992, No. 12 Sexual Offences (Jurisdiction) Act, 1996 1996, No. 38 Video Recordings Acts, 1989 and 1992 Number 22 of 1998 CHILD TRAFFICKING AND PORNOGRAPHY ACT, 1998 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:

Short title and commencement.

1.—(1) This Act may be cited as the Child Trafficking and Pornography Act, 1998.

Interpretation.

2.—(1) In this Act, except where the context otherwise requires— “audio representation” includes— (a) any such representation by means of tape, computer disk or other thing from which such a representation can be produced, and (b) any tape, computer disk or other thing on which any such representation is recorded; “child” means a person under the age of 17 years; “child pornography” means— (a) any visual representation— (i) that shows or, in the case of a document, relates to a person who is or is depicted as being a child and who is engaged in or is depicted as being engaged in explicit sexual activity, (ii) that shows or, in the case of a document, relates to a person who is or is depicted as being a child and who is or is depicted as witnessing any such activity by any person or persons, or (iii) whose dominant characteristic is the depiction, for a sexual purpose, of the genital or anal region of a child, (b) any audio representation of a person who is or is represented as being a child and who is engaged in or is represented as being engaged in explicit sexual activity, (c) any visual or audio representation that advocates, encourages or counsels any sexual activity with children which is an offence under any enactment, or (d) any visual representation or description of, or information relating to, a child that indicates or implies that the child is available to be used for the purpose of sexual exploitation within the meaning of section 3 , irrespective of how or through what medium the representation, description or information has been produced, transmitted or conveyed and, without prejudice to the generality of the foregoing, includes any representation, description or information produced by or from computer-graphics or by any other electronic or mechanical means but does not include— (I) any book or periodical publication which has been examined by the Censorship of Publications Board and in respect of which a prohibition order under the Censorship of Publications Acts, 1929 to 1967, is not for the time being in force, (II) any film in respect of which a general certificate or a limited certificate under the Censorship of Films Acts, 1923 to 1992, is in force, or (III) any video work in respect of which a supply certificate under the Video Recordings Acts, 1989 and 1992, is in force; “document” includes— (a) any book, periodical or pamphlet, and (b) where appropriate, any tape, computer disk or other thing on which data capable of conversion into any such document is stored;

“photographic representation” includes the negative as well as the positive version; “visual representation” includes— (a) any photographic, film or video representation, any accompanying sound or any document, (b) any copy of any such representation or document, and (c) any tape, computer disk or other thing on which the visual representation and any accompanying sound are recorded.

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

3.— (1) Any person who organises or knowingly facilitates— (a) the entry into, transit through or exit from the State of a child for the purpose of his or her sexual exploitation, or (b) the provision of accommodation for a child for such a purpose while in the State, shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life.

Allowing child to be used for child pornography.

4.—(1) Without prejudice to section 3 , any person who, having the custody, charge or care of a child, allows the child to be used for the production of child pornography shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding £25,000 or to imprisonment for a term not exceeding 14 years or both.

Producing, distributing, etc., child pornography.

5.—(1) Subject to sections 6

Possession of child pornography.

6.—(1) Without prejudice to section 5

(2)

Section 5

Entry, search and seizure.

7.—(1) Where, on the sworn information of a member of the Garda Síochána not below the rank of sergeant, a judge of the District Court is satisfied that there are reasonable grounds for suspecting that evidence of or relating to an offence under section 3 , 4 , 5 or 6 is to be found at a place specified in the information, the judge may issue a warrant for the search of that place and any persons found at that place.

Forfeiture.

8.—(1) The court by or before which a person is convicted of an offence under section 3 , 4 , 5 or 6 may order— (a) anything seized pursuant to section 7 , or (b) anything shown to the satisfaction of the court to relate to the offence, to be forfeited and either destroyed or otherwise disposed of in such manner as the court may determine.

Offences by bodies corporate.

9.—(1) Where an offence under section 3 , 4 , 5 or 6 is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person, being a director, manager, secretary or other similar officer of such body or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Amendment of Criminal Evidence Act, 1992.

10.—The Criminal Evidence Act, 1992 , is hereby amended in section 12— (a) by the deletion of “or” in paragraph (b) where it last occurs and by the substitution of “paragraph (a) or (b), or” for “paragraph (a) or (b).” in paragraph (c), and (b) by the insertion of the following paragraph after paragraph (c): “(d) an offence under section 3 , 4 , 5 or 6 of the Child Trafficking and Pornography Act, 1998.”.

Amendment of Sexual Offences (Jurisdiction) Act, 1996.

11.—The Sexual Offences (Jurisdiction) Act, 1996 , is hereby amended in the Schedule thereto by the insertion of the following paragraphs after paragraph 9: “10.

Section 3

of the Child Trafficking and Pornography Act, 1998.

11.

Section 4

of the Child Trafficking and Pornography Act, 1998.”.

Amendment of Bail Act, 1997.

12.—The Bail Act, 1997 , is hereby amended in the Schedule thereto by the insertion of the following paragraph after paragraph 12: “12A. Any offence under the following provisions of the Child Trafficking and Pornography Act, 1998— (a) section 3 (child trafficking and taking, etc., child for sexual exploitation); (b) section 5 (producing, distributing, etc., child pornography).”.

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