Article 40 Arranging or facilitating abuse: payment for sexual services and involvement in indecent imagesF2

F1(1)

A person (A) commits an offence if—

(a)

A intentionally arranges or facilitates the offering or provision by another person (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 arranges or facilitates the involvement by another person (B) 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. 40(1)(1A) substituted for art. 40(1) (27.11.2023) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), s. 30(2), Sch. 2 para. 5(2); S.R. 2023/188, art. 3(b)
F2: Art. 40 heading substituted (27.11.2023) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), s. 30(2), Sch. 2 para. 5(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)