Article 39 Controlling a child: payment for sexual services and involvement in indecent imagesF2

F1(1)

A person (A) commits an offence if—

(a)

A intentionally controls any of the activities of another person (B) relating to the offering or provision by B of sexual services to a third person in return for payment, and

(b)

either—

(i)

B is under 18, and A does not reasonably believe that B is 18 or over, or

(ii)

B is under 13.

(1A)

A person (A) commits an offence if—

(a)

A intentionally controls any of the activities of another person (B) relating to B’s involvement in the recording or streaming or other transmission of an indecent image of B, and

(b)

either—

(i)

B is under 18, and A does not reasonably believe that B is 18 or over, or

(ii)

B is under 13.

(2)

A person guilty of an offence under this Article is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

Annotations

Textual amendments

F1: Art. 39(1)(1A) substituted for art. 39(1) (27.11.2023) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), s. 30(2), Sch. 2 para. 4(2); S.R. 2023/188, art. 3(b)
F2: Art. 39 heading substituted (27.11.2023) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), s. 30(2), Sch. 2 para. 4(3); S.R. 2023/188, art. 3(b)

Notes on Abuse of children under 18: payment for sexual services and involvement in indecent images

Textual amendments

F1: Art. 37 cross-heading substituted (27.11.2023) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), s. 30(2), Sch. 2 para. 2; S.R. 2023/188, art. 3(b)