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LRC Revised Act

Number 22 of 1998

CHILD TRAFFICKING AND PORNOGRAPHY ACT 1998

REVISED

Updated to 21 May 2020

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Child Trafficking and Pornography Act 1998

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Emergency Measures in the Public Interest (Covid-19) Act 2020

(2/2020), enacted 27 March 2020, and all statutory instruments up to and including

the

Bovine Viral Diarrhoea (Amendment) Regulations 2020

(S.I. No. 182 of 2020), made 21 May 2020, were considered in the preparation of this

Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

22

of

1998

CHILD TRAFFICKING AND PORNOGRAPHY ACT 1998

REVISED

Updated to 21 May 2020

ARRANGEMENT OF SECTIONS

Section

1.

Short title and commencement.

2.

Interpretation.

3.

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

3A.

Aggravating factor: certain offences under section 3 committed by public official

during performance of duties.

4.

Allowing child to be used for child pornography.

4A.

Organising etc. child prostitution or production of child pornography.

5.

Producing, distributing, etc., child pornography.

5A.

Participation of child in pornographic performance.

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.

13.

Houses of the Oireachtas.

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

REVISED

Updated to 21 May 2020

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. [29

th June

, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Editorial Notes

E1

A number of Acts refer to offences under this Act as disqualifying or potentially

disqualifying offences, or as otherwise meriting certain treatment. They include

•

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

(4/2016), s. 5 and sch. 1 part 2 para. 17

•

Taxi Regulation Act 2013

(37/2013), ss. 10, 30, 31 and sch. part 2 para. 5

•

Children First Act 2015

(36/2015), s. 2 and sch. 3 para. 10 (included in definition of sexual abuse which

is included in the definition of harm)

•

Criminal Justice (Withholding of Information on Offences against Children and Vulnerable

Persons) Act 2012

(24/2012), s. 2 and sch. 1 paras. 13 and 15(c)

•

Criminal Procedure Act 2010

(27/2010), s. 7 and sch. para. 11 (for purposes of Part 3, included in definition

of relevant offence)

•

Children Act 2001

(24/2001), ss. 251, 253-257 and sch. 1 para. 9

•

Sex Offenders Act 2001

(18/2001), s. 3 and sch. para. 16

•

Bail Act 1997

(16/1997), s. 1 and sch. para. 12A (included in definition of serious offence)

•

Sexual Offences (Jurisdiction) Act 1996

(38/1996), s. 2 and sch. paras. 9, 10 as inserted

•

Civil Legal Aid Act 1995

(32/1995), s. 26 as amended by

Civil Law (Miscellaneous Provisions) Act 2011

(23/2011), s. 3

•

Criminal Evidence Act 1992

(12/1992), s. 2 and Part III

Annotations

Editorial Notes

E1

A number of Acts refer to offences under this Act as disqualifying or potentially

disqualifying offences, or as otherwise meriting certain treatment. They include

•

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

(4/2016), s. 5 and sch. 1 part 2 para. 17

•

Taxi Regulation Act 2013

(37/2013), ss. 10, 30, 31 and sch. part 2 para. 5

•

Children First Act 2015

(36/2015), s. 2 and sch. 3 para. 10 (included in definition of sexual abuse which

is included in the definition of harm)

•

Criminal Justice (Withholding of Information on Offences against Children and Vulnerable

Persons) Act 2012

(24/2012), s. 2 and sch. 1 paras. 13 and 15(c)

•

Criminal Procedure Act 2010

(27/2010), s. 7 and sch. para. 11 (for purposes of Part 3, included in definition

of relevant offence)

•

Children Act 2001

(24/2001), ss. 251, 253-257 and sch. 1 para. 9

•

Sex Offenders Act 2001

(18/2001), s. 3 and sch. para. 16

•

Bail Act 1997

(16/1997), s. 1 and sch. para. 12A (included in definition of serious offence)

•

Sexual Offences (Jurisdiction) Act 1996

(38/1996), s. 2 and sch. paras. 9, 10 as inserted

•

Civil Legal Aid Act 1995

(32/1995), s. 26 as amended by

Civil Law (Miscellaneous Provisions) Act 2011

(23/2011), s. 3

•

Criminal Evidence Act 1992

(12/1992), s. 2 and Part III

Section

1.

Short title and commencement.

2.

Interpretation.

3.

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

3A.

Aggravating factor: certain offences under section 3 committed by public official

during performance of duties.

4.

Allowing child to be used for child pornography.

4A.

Organising etc. child prostitution or production of child pornography.

5.

Producing, distributing, etc., child pornography.

5A.

Participation of child in pornographic performance.

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.

13.

Houses of the Oireachtas.

Number

22

of

1998

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