Richard Bruton
Question:84 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform his plans to update the legislation dealing with the level of penalty for child pornography; and if he will make a statement on the matter. [2206/03]
Written Answers. - Child Pornography.
Under section 6 of the Child Trafficking and Pornography Act 1998 the maximum penalty on summary conviction for knowingly possessing child pornography is a fine not exceeding €1,904 or imprisonment for up to 12 months or both or on conviction on indictment a fine not exceeding €6,348 or imprisonment for up to five years or both. Section 5 of the Act makes it an offence, inter alia, to knowingly produce, distribute, print, publish, import, export, sell or show child pornography. A person found guilty of such an offence is liable on summary conviction to a fine not exceeding €1,904 or to imprisonment for up to 12 months or both or on conviction on indictment to an unlimited fine or to imprisonment for up to 14 years or both. In addition, a person who having the custody, charge or care of a child, allows that child to be used for the production of child pornography commits an offence and is liable on conviction on indictment to a fine not exceeding €31,743 or to imprisonment for up to 14 years or both.
The penalty structure in the Child Trafficking and Pornography Act 1998 for child pornography offences is one of the most severe, if not the most severe, anywhere. While the legislation is kept under continuing review, I have no immediate proposals to change the penalties provided in the 1998 Act.