Child Trafficking and Pornography Act 1998

The 1998 Act prohibits trafficking of children for the purposes of sexual exploitation. The Criminal Law (Human Trafficking) Act 2008 (available here) amended the 1998 Act’s provisions related to child trafficking and sexual exploitation (Section 3) and the Criminal Law (Human Trafficking) Act 2013 (available here) expanded the definition of labour exploitation and aggravating factors. The 1998 Act also criminalizes allowing a child to be used for child pornography (Section 4). A person found guilty on indictment of this offence faces up to 14 years’ imprisonment. Section 5 has been substituted by Section 12 of the Criminal Law (Sexual Offences) Act 2017 (available here), which prohibits the production, distribution, and possession, inter alia, of child pornography. Persons convicted of such offences are liable, on summary conviction, to a Class A fine (€5,000) and/or up to 12 months’ imprisonment, or conviction on indictment, to a fine and/or up to 14 years’ imprisonment (Section 5, as amended). Section 6, as amended, prohibits the possession of child pornography; persons convicted of such offences are liable, on summary conviction, to a Class A fine (€5,000) and/or up to 12 months’ imprisonment, or conviction on indictment, to a fine and/or up to 5 years’ imprisonment. Section 13 of the Criminal Justice Law (Sexual Offences) Act 2017 (available here) also inserts Section 5A, prohibiting, inter alia, causing, inciting, compelling, coercing, recruiting, inviting, or inducing of a child to participate in a pornographic performance or the gaining from such participation.