Part 1Sexual Offences
Abuse of children through prostitution and pornography
47Paying for sexual services of a child
1
A person (A) commits an offence if—
a
he intentionally obtains for himself the sexual services of another person (B),
b
before obtaining those services, he has made or promised payment for those services to B or a third person, or knows that another person has made or promised such a payment, and
c
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
In this section, “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.
3
A person guilty of an offence under this section against a person under 13, where subsection (6) applies, is liable on conviction on indictment to imprisonment for life.
4
Unless subsection (3) applies, a person guilty of an offence under this section against a person under 16 is liable—
a
where subsection (6) applies, on conviction on indictment, to imprisonment for a term not exceeding 14 years;
b
in any other case—
i
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
ii
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
5
Unless subsection (3) or (4) applies, a person guilty of an offence under this section 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 7 years.
6
This subsection applies where the offence involved—
a
penetration of B’s anus or vagina with a part of A’s body or anything else,
b
penetration of B’s mouth with A’s penis,
c
penetration of A’s anus or vagina with a part of B’s body or by B with anything else, or
d
penetration of A’s mouth with B’s penis.
7
In the application of this section to Northern Ireland, subsection (4) has effect with the substitution of “17” for “16”.
48Causing or inciting child prostitution or pornography
1
A person (A) commits an offence if—
a
he intentionally causes or incites another person (B) to become a prostitute, or to be involved in pornography, in any part of the world, 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 section 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.
49Controlling a child prostitute or a child involved in pornography
1
A person (A) commits an offence if—
a
he intentionally controls any of the activities of another person (B) relating to B’s prostitution or involvement in pornography in any part of the world, 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 section 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.
50Arranging or facilitating child prostitution or pornography
1
A person (A) commits an offence if—
a
he intentionally arranges or facilitates the prostitution or involvement in pornography in any part of the world of another person (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 section 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.
51Sections 48 to 50: interpretation
1
For the purposes of sections 48 to 50, a person is involved in pornography if an indecent image of that person is recorded; and similar expressions, and “pornography”, are to be interpreted accordingly.
2
In those sections “prostitute” means a person (A) who, on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person; and “prostitution” is to be interpreted accordingly.
3
In subsection (2), “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.