Child trafficking and pornography act, 1998

Act Number22
Enactment Date29 June 1998


Number 22 of 1998


CHILD TRAFFICKING AND PORNOGRAPHY ACT, 1998


ARRANGEMENT OF SECTIONS

Section

1.

Short title and commencement.

2.

Interpretation.

3.

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

4.

Allowing child to be used for child pornography.

5.

Producing, distributing, etc., child pornography.

6.

Possession of child pornography.

7.

Entry, search and seizure.

8.

Forfeiture.

9.

Offences by bodies corporate.

10.

Amendment of Criminal Evidence Act, 1992.

11.

Amendment of Sexual Offences (Jurisdiction) Act, 1996.

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.

(2) This Act shall come into operation one month after the date of its passing.

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.

(2) The reference in paragraph (a) of the definition of child pornography to a person shall be construed as including a reference to a figure resembling a person that has been generated or modified by computer-graphics or otherwise, and in such a case the fact, if it is a fact, that some of the principal characteristics shown are those of an adult shall be disregarded if the predominant impression conveyed is that the figure shown is a child.

(3) In any proceedings for an offence under section 3 , 4 , 5 or 6 a person shall be deemed, unless the contrary is proved, to be or have been a child, or to be or have been depicted or represented as a child, at any time if the person appears to the court to be or have been a child, or to be or have been so depicted or represented, at that time.

(4) For the purposes of this Act, except where the context otherwise requires—

(a) a reference to a section is to a section of this Act,

(b) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs,

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended, whether before or after the passing of this Act, by or under any subsequent enactment.

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.

(2) Any person who—

(a) takes, detains, or restricts the personal liberty of, a child for the purpose of his or her sexual exploitation,

(b) uses a child for such a purpose, or

(c) organises or knowingly facilitates such taking, detaining, restricting or use,

shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(3) In this section “sexual exploitation” means—

(a) inducing or coercing the child to engage in prostitution or the production of child pornography,

(b) using the child for prostitution or the production of child pornography,

(c) inducing or coercing the child to participate in any sexual activity which is an offence under any enactment, or

(d) the commission of any such offence against the child.

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.

(2) For the purposes of this section—

(a) any person who is the parent or guardian of a child or who is liable to maintain a child shall be presumed to have the custody of the child and, as between parents, one parent shall not be deemed to have ceased to have the custody of the child by reason only that he or she has deserted, or does not reside with, the other parent and child,

(b) any person to whose charge a child is committed by any person who has the custody of the child shall be presumed...

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