Criminal Law (Human Trafficking) Act 2008
Trafficking, taking, etc., of child for purpose of sexual exploitation. |
3.— Section 3 (amended by section 6 of the Criminal Law (Sexual Offences) (Amendment) Act 2007 ) of the Act of 1998 is amended by— | |
(a) the substitution of the following subsections for subsections (1) and (2): | ||
“(1) A person who trafficks a child for the purposes of the sexual exploitation of the child shall be guilty of an offence and shall be liable upon conviction on indictment— | ||
(a) to imprisonment for life or a lesser term, and | ||
(b) at the discretion of the court, to a fine. | ||
(2) A person who— | ||
(a) sexually exploits a child, or | ||
(b) takes, detains, or restricts the personal liberty of, a child for the purpose of his or her sexual exploitation, | ||
shall be guilty of an offence and shall be liable upon conviction on indictment— | ||
(i) to imprisonment for life or a lesser term, and | ||
(ii) at the discretion of the court, to a fine.”, | ||
and | ||
(b) the substitution of the following subsections for subsection (3): | ||
“(3) A person who causes another person to commit an offence under subsection (1) or (2) shall be guilty of an offence and shall be liable upon conviction on indictment— | ||
(a) to imprisonment for life or a lesser term, and | ||
(b) at the discretion of the court, to a fine. | ||
(4) A person who attempts to commit an offence under subsection (1), (2) or (3) shall be guilty of an offence and shall be liable upon conviction on indictment— | ||
(a) to imprisonment for life or a lesser term, and | ||
(b) at the discretion of the court, to a fine. | ||
(5) In this section— | ||
‘ child ’ means a person under the age of 18 years; | ||
‘ sexual exploitation ’ means, in relation to a child— | ||
(a) inviting, inducing or coercing the child to engage in prostitution or the production of child pornography, | ||
(b) the prostitution of the child or the use of the child for the production of child pornography, | ||
(c) the commission of an offence specified in the Schedule to the Sex Offenders Act 2001 against the child; causing another person to commit such an offence against the child; or inviting, inducing or coercing the child to commit such an offence against another person, | ||
(d) inviting, inducing or coercing the child to engage or participate in any sexual, indecent or obscene act, or | ||
(e) inviting, inducing or coercing the child to observe any sexual, indecent or obscene act, for the purpose of corrupting or depraving the child, | ||
and ‘sexually exploits’ shall be construed accordingly; | ||
‘ trafficks ’ means, in relation to a child— | ||
(a) procures, recruits, transports or harbours the child, or— | ||
(i) transfers the child to, | ||
(ii) places the child in the custody, care or charge, or under the control, of, or | ||
(iii) otherwise delivers the child to, | ||
another person, | ||
(b) causes the child to enter or leave the State or to travel within the State, | ||
(c) takes custody of the child or takes the child— | ||
(i) into one’s care or charge, or | ||
(ii) under one’s control, | ||
or | ||
(d) provides the child with accommodation or employment.”. |