Article 41 Articles 38 to 40: interpretationF1

(1)

This Article applies for the purposes of Articles 38 to 40.

(2)

References to—

(a)

offering or providing sexual services, or

(b)

the recording or streaming or other transmission of an image,

are to doing so in any part of the world.

(3)

In Articles 38(1), 39(1) and 40(1)—

(a)

references to B offering or providing sexual services are to doing so on at least one occasion, and

(b)

it does not matter whether B is compelled to offer or provide the services.

(4)

References to “payment”—

(a)

include promises of payment, and

(b)

are to payment to B or another person.

(5)

“Payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.

Annotations

Textual amendments

F1: Art. 41 substituted (27.11.2023) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), s. 30(2), Sch. 2 para. 6; 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)