Child Trafficking and Pornography Act, 1998
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Possession of child pornography. |
6.—(1) Without prejudice to section 5 (1)(e) and subject to subsections (2) and (3), any person who knowingly possesses any child pornography shall be guilty of an offence and shall be liable— | |
(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or both, or | ||
(b) on conviction on indictment to a fine not exceeding £5,000 or to imprisonment for a term not exceeding 5 years or both. | ||
(2) Section 5 (1) and subsection (1) shall not apply to a person who possesses child pornography— | ||
(a) in the exercise of functions under the Censorship of Films Acts, 1923 to 1992, the Censorship of Publications Acts, 1929 to 1967, or the Video Recordings Acts, 1989 and 1992, or | ||
(b) for the purpose of the prevention, investigation or prosecution of offences under this Act. | ||
(3) Without prejudice to subsection (2), it shall be a defence in a prosecution for an offence under section 5 (1) or subsection (1) for the accused to prove that he or she possessed the child pornography concerned for the purposes of bona fide research. |