PUNISHMENTS FOR ADULTS IN CHILD PORNOGRAPHY III

PART III

Aside the offences outlined in Section 23(1) of The Act as discussed in Part II to this write-up, there are other offences which are contained in the provisions of Section 23(3) of The Act.

Section 23(3) of The Act thus provides:

 Any person who, intentionally proposes, grooms or solicits, through any computer system or network, to meet a child for the purpose of:

(a) Engaging in sexual activities with the child;

(b) Engaging in sexual activities with the child where –

(i) Use is made of coercion, inducement, force or threats; 

(ii) Abuse is made of a recognized position of trust, authority or influence over the child, including within the family; or

(iii) Abuse is made of a particularly vulnerable situation of the child, mental or physical disability or a situation of dependence;

(c) Recruiting, inducing, coercing, exposing, or causing a child to participate in pornographic performances or profiting from or otherwise exploiting a child for such purposes;

Commits an offence under this Act and shall be liable on conviction- 

(i)In the case of paragraphs (a)  to imprisonment for a term of not more than 10 years and a fine of not more than N15,000,000.00; and 

(ii)In the case of paragraphs (b) and(c) of this subsection, to imprisonment for a term of not more than 15 years and a fine of not more than N25,000,000.

EXPLANATION

1) Ingredients for The Establishment of Guilt

The ingredients to look out for in establishing guilt on an accused person are:

1. The acts or conducts listed in Section 23(3)(a)(b) and (c) of The Act must be done intentionally.
2. The accused person must have proposed, groomed or solicited to meet a child.
3. The proposal, grooming or soliciting must have been done through any computer system or network.
4. The proposal, grooming or soliciting must be for the purpose of engaging in any of the acts listed in Section 23(3) (a) (b) and (c) of The Act.

2) Categories of Offences

By a perusal of the acts or conducts listed in Section 23(3)(a)(b) and (c) of The Act, one would see that different categories of offences have been created.

First, in Section 23(3)(a) of The Act, a strict liability offence has been created. Thus, merely proposing or grooming or soliciting through any computer system or network to meet with a child with intent and for the purpose of engaging in sexual activities with the child is an offence without more.

In Section 23(3)(b)(i), an offence is committed where one proposes or grooms or solicits to meet a child through any computer system or network, with intent and for the purpose of engaging in sexual activities with the child; and the accused person employed the use of coercion, inducement, force or threats in the course of the proposal, grooming or soliciting to engage in sexual activities with the child.

In Section 23(3)(b)(ii), an offence is committed where one proposes or grooms or solicits to meet a child through any computer system or network, with intent and for the purpose of engaging in sexual activities with the child; and the accused person is one who holds a position of trust, authority or influence over the child but abused such trust et al reposed in him in the circumstances. This is applicable to parents, religious leaders or anyone to whom a child has reposed trust in and who is expected not to breach such a trust in the circumstances.

In Section 23(3)(b)(iii), an offence is committed where one proposes or grooms or solicits to meet a child through any computer system or network, with intent and for the purpose of engaging in sexual activities with the child; and in the circumstances, the accused person takes advantage of the child’s vulnerability, disability or dependence on them.

In Section 23(3)(c), an offence is committed where one proposes or grooms or solicits to meet a child through any computer system or network, with intent and for the purpose of causing a child to participate in pornographic performances or with intent and for the purpose of such conducts that would make a child to participate in pornographic performances such as recruiting, inducing, coercing, and exposing a child to participate in pornographic performances. This section includes a situation of profiting from a child to participate in pornographic performances or otherwise exploiting a child to participate in pornographic performances.

3)Punishment for The Offences

In Section 23(3)(c)(i),imprisonment for a term of not more than 10 years and a fine of not more than N15,000,000.00 is imposed on anyone who contravenes the provisions of Section 23(3)(a) of The Act. This means that the Court is mandated to impose punishment of imprisonment and fine at the same time but imprisonment can be less than 10 years but not more than a 10 year term, while fine can be less than N15,000,000.00 but not more than N15,000,000.00.

In the same vein, Section 23(3)(c)(ii) provided for imprisonment for a term of not more than 15 years and a fine of not more than N25,000,000 for offences under Section 23(3)(b) and (c) of The Act. Thus, the Court is also mandated to impose punishment of imprisonment and fine at the same time but imprisonment can be less than 15 years but not more than a 15 year term, while fine can be less than N25,000,000.00 but not more than N25,000,000.00.

In conclusion, if one contravenes the provisions of The Act in respect of Child Pornography, they would face the punishments as provided for under The Act if convicted by a competent court.