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.

Topics

• Sexual violence and rape
• Statutory rape or defilement
• Trafficking in persons

Geographical location

• Europe
• Ireland

Keywords

• child abuse
• children’s rights
• criminal law and procedure
• sentencing
• slavery

Year

• 1998

External URL

• Child Trafficking and Pornography Act 1998

Type

• Legislation

Jurisdiction

• Ireland