Section 3 of the Child Trafficking and Pornography Act 1998 makes it an offence to organise or knowingly facilitate the entry into, transit through or exit from Ireland of a child for the purpose of the child's sexual exploitation. It also makes it an offence to take, detain or restrict the personal liberty of a child for the purpose of his or her sexual exploitation or to organise or knowingly facilitate such taking, detaining or restricting.
The maximum penalty on conviction on indictment for trafficking a child for the purpose of his or her sexual exploitation is life imprisonment and for the taking, detaining or restricting the personal liberty of a child or organising such taking, detaining or restricting is 14 years' imprisonment.
"Sexual exploitation" is defined primarily for the purpose of section 3 of the Child Trafficking and Pornography Act 1998 to mean inducing or coercing a child to engage in prostitution or the production of child pornography, using a child for prostitution or the production of child pornography, inducing or coercing a child to participate in any sexual activity which is an offence under any enactment, or the commission of any such offence against a child. However, the definition is applicable also for the purpose of one specific part of the definition of child pornography in section 2 of the 1998 Act, i.e. subsection (1)(d) which states that child pornography means any visual representation or description of, or information relating to, a child that indicates or implies that the child is available to be used for the purpose of sexual exploitation as defined in section 3(3). I am, therefore, satisfied that all inappropriate sexual behaviour involving children which constitutes an offence under section 3 or the relevant part of the definition of child pornography in section 2 of the Child Trafficking and Pornography Act 1998 is encompassed by the definition of sexual exploitation as defined in section 3(3).