Child Sex Offences
Sexual Exploitation of Children
A person who for the purposes of the sexual exploitation of a child—
- pays, gives, offers or promises to pay or give a child or another person money or any other form of remuneration or consideration,
- provides or offers or offers or promises to provide, a child to another person, or
- obtains a child for himself or herself or for another person,
is guilty of an offence. In this context, a “child” means a person under the age of 18 years.
Sexual exploitation” means, in relation to a child—
- inviting, inducing or coercing the child to engage in prostitution or the production of child pornography,
- the prostitution of the child or the use of the child for the production of child pornography,
- the commission of an offence specified in the Schedule to the Act of 2001 against the child, causing another person to commit such an offence against the child, or inviting, inducing or coercing the child to commit such an offence against another person,
- inducing or coercing the child to engage or participate in any sexual, indecent or obscene act,
- inviting the child to engage or participate in any sexual, indecent or obscene act which, if done, would involve the commission of an offence against the child, or
- inviting, inducing or coercing the child to observe any sexual, indecent or obscene act, for the purpose of corrupting or depraving the child.
A person (other than the child) who accepts or agrees to accept money or any other form of payment in the above circumstances or accepts or agrees to accept a child in the those circumstances is guilty of an offence.
A person who causes any of the above offences to be committed is guilty of an offence. A person who attempts to commit any of the above offences is guilty of an offence.
A person guilty of any of the above offences is liable—
- on summary conviction, to a class A fine, or imprisonment for a term not exceeding 12 months, or both, or
- on conviction on indictment, to a fine or imprisonment for a term not exceeding 10 years, or both.
Invitation etc. to Sexual touching
In following context a child means a person under 15 years of age.
A person who, for sexual purposes,
- invites, induces, counsels or incites a child to touch, with a part of the body or with an object, the body of any person, including the body of the person who so invites,
- induces, counsels or incites the same,
is guilty of an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.
Sexual activity in Presence of Child
In this context a“child” means a person under the age of 17 years.
A person who, for the purpose of obtaining sexual gratification from the presence of a child or corrupting or depraving a child, intentionally engages in sexual activity whether or not with another person—
- when the child is present or in a place from which the person can be observed by the child, and
- knowing or believing that the child is aware, or intending that the child should be aware, that the person is engaging in sexual activity,
is guilty of an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 10 years.
“sexual activity” means any activity where a reasonable person would consider that—
- whatever its circumstances or the purpose of any person in relation to it, the activity is because of its nature sexual, or
- because of its nature the activity may be sexual and because of its circumstances or the purposes of any person in relation to it (or both) the activity is sexual;
Causing Child to watch Sexual Activity
In this context a “child” means a person under the age of 17 years. A person who, for the purpose of obtaining sexual gratification or corrupting or depraving a child, intentionally causes a child—
- to watch another person engaging in sexual activity, or
- to look at an image of that person or another person engaging in sexual activity,
is guilty of an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 10 years.
Meeting Child for purpose of Sexual Exploitation
In this context a,“child” means a person under the age of 17 years. A person who—
- intentionally meets, or travels with the intention of meeting a child or makes arrangements with the intention of meeting a child or for a child to travel, whether or not from within the State, having communicated by any means with that child on at least one previous occasion, and
- does so for the purpose of doing anything that would constitute sexual exploitation of the child,
is guilty of an offence.
A person guilty of this offence is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.
Use of ICT to facilitate sexual exploitation of child
In this context a“child” means a person under the age of 17 years.
A person who by means of information and communication technology communicates with another person (including a child) for the purpose of facilitating the sexual exploitation of a child by that person or any other person is guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding 14 years.
A person who by means of information and communication technology sends sexually explicit material to a child is guilty of an offence and is liable
- on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or
- on conviction on indictment, to imprisonment for a term not exceeding 5 years.
No proceedings for an offence under this section against a child under the age of 17 years is brought except by, or with the consent of, the Director of Public Prosecutions.
In this section “sexually explicit material” means any indecent or obscene images or words.
Child Pornography Offence Updated
The 2017 Act amends and updates the definition of child pornography in section 2 of the Child Trafficking and Pornography Act 1998, to include in the definition showing or depicting a child engaged in simulated sexually explicit activity.
This includes any visual representation—
- that shows, or in the case of a document relates to, a person who is or is depicted as being a child and who is engaged in or is depicted as being engaged in real or simulated sexually explicit activity,
- that shows, or in the case of a document relates to, a person who is or is depicted as being a child and who is or is depicted as witnessing any such activity by any person or persons, or
- that shows, for a sexual purpose, the genital or anal region of a child or of a person depicted as being a child,”.
With regard to child pornography, the definition of a child was amended to refer to person under the age of 18 years. Previously, under the 1998 Act, it was defined as a person under the age of 17.
There is a minor amendment to the definition of sexual exploitation in the 1998 Act to bring it into line with the definition of sexual exploitation above. It clarifies that an invitation to engage in a sexual act is an offence where, if the act were done, that act would be an offence.
Organising Child prostitution or Pornography
The 2017 Act strengthens existing provisions concerning child prostitution and child pornography. It provides for an offence where a person controls or directs the activities of a child for the purposes of the prostitution of the child or the use of the child for the production of child pornography.
Other elements of the offence include where a person:
- organises the prostitution of children or the production of child pornography by controlling or directing the activities of more than one child for those purposes;
- compels, coerces or recruits a child to engage or participate in child prostitution or the production of child pornography;
- knowingly gains from the prostitution of a child or the production of child pornography; or
- incites or causes a child to become involved in child prostitution or production of child pornography.
A person found guilty of an offence under this section is liable on conviction on indictment to up to 14 years imprisonment.
Producing, distributing, etc. child pornography
Any person who:
- knowingly produces any child pornography;
- knowingly distributes, transmits, disseminates, prints or publishes any child pornography;
- knowingly imports, exports, sells or shows any child pornography;
- knowingly supplies or makes available any child pornography to another person;
- publishes, distributes, transmits or disseminates any advertisement likely to be understood as conveying that the advertiser or any other person produces, distributes, transmits, disseminates, prints,
- publishes, imports, exports, sells, shows, supplies or makes available any child pornography;
- encourages, causes or facilitates any activity mentioned above; or
- knowingly possesses any child pornography for the purpose of distributing, transmitting, disseminating, publishing, exporting,
- selling or showing it;
is guilty of an offence.
A person found guilty of an offence under this section is liable on conviction on indictment to up to 14 years imprisonment and / or a fine. The maximum monetary penalty for offences tried summarily from a class C fine (a fine not exceeding €2,500) to a class A fine (a fine not exceeding €5,000).
Participation of Child in Pornographic Performance
It is an offence where a person:
- coerces, causes, recruits, induces or invites a child to participate in a pornographic performance;
- gains from such participation; or
- knowingly attends a pornographic performance in which a child participates.
A pornographic performance is not limited to real sexual activity and also includes simulated sexual activity.
A person found guilty of an offence under this section is liable on conviction on indictment to up to 10 years imprisonment and / or a fine.
Possession of Child Pornography
Any person who—
- knowingly acquires or possesses child pornography, or
- knowingly obtains access to child pornography by means of information and communication technology,
is guilty of an offence and is liable —
- on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
- on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
Person in Authority
A person in a position of authority over a child who engages in a sexual act with that child is guilty of an offence under the 2006 Act. A ‘person in authority’, in relation to a child against whom an offence is alleged to have been committed, means—
- a parent, grandparent, uncle or aunt whether of the whole blood, of the half blood or by affinity of the child,
- a current or former guardian or foster parent of the child,
- a current or former step-parent of the child,
- a current or former partner of a parent of the child who lives or has lived in an enduring family relationship with the parent,
- any person who is for the time being, or has been, in loco parentis to the child, or
- any other person who is or has been responsible for the education, supervision, training, care or welfare of the child;”,
Sexual Act with Child under 15 years
A person who engages in a sexual act with a child who is under the age of 15 years is guilty of an offence and is liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.
A person who attempts to engage in a sexual act with a child who is under the age of 15 years is guilty of an offence and is liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.
It is a defence to proceedings for an offence under this section for the defendant to prove that he or she was reasonably mistaken that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 15 years.
Where, in proceedings for this offence, it falls to the court to consider whether the defendant was reasonably mistaken that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 15 years, the court shall consider whether, in all the circumstances of the case, a reasonable person would have concluded that the child had attained the said age.
The standard of proof required to prove that the defendant was reasonably mistaken that the child had attained the age of 15 years is that applicable to civil proceedings.
It is not a defence to proceedings for an offence for the defendant to prove that the child against whom the offence is alleged to have been committed consented to the sexual act of which the offence consisted.”
Sexual act of Sexual Act with child under 17 years
A person who engages in a sexual act with a child who is under the age of 17 years is guilty of an offence and is liable on conviction on indictment—
- to imprisonment for a term not exceeding 7 years, or
- if he or she is a person in authority, to imprisonment for a term not exceeding 15 years.
A person who attempts to engage in a sexual act with a child who is under the age of 17 years is guilty of an offence and is liable on conviction on indictment—
- to imprisonment for a term not exceeding 7 years, or
- if he or she is a person in authority, to imprisonment for a term not exceeding 15 years.
No proceedings for an offence under this provision against a child under the age of 17 years is brought except by, or with the consent of, the Director of Public Prosecutions.
Defences and Non-Defences
It is a defence to proceedings for the offence for the defendant to prove that he or she was reasonably mistaken that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 17 years. The court shall consider whether, in all the circumstances of the case, a reasonable person would have concluded that the child had attained the said age.
The standard of proof required to prove that the defendant was reasonably mistaken that the child had attained the age of 17 years is the balance of probabilities.
It is not be a defence for the defendant to prove that the child against whom the offence is alleged to have been committed consented to the sexual act of which the offence consisted.
Where, in proceedings for an offence against a child who at the time of the alleged commission of the offence had attained the age of 15 years but was under the age of 17 years, it is a defence that the child consented to the sexual act of which the offence consisted where the defendant—
- is younger or less than 2 years older than the child,
- was not, at the time of the alleged commission of the offence, a person in authority in respect of the child, and
- was not, at the time of the alleged commission of the offence, in a relationship with the child that was intimidatory or exploitative of the child.
Person in Authority (2017 Act)
A person in a position of authority over a child who engages in a sexual act with that child is guilty of an offence under the 2006 Act. A ‘person in authority’, in relation to a child against whom an offence is alleged to have been committed, means—
- a parent, grandparent, uncle or aunt whether of the whole blood, of the half blood or by affinity of the child,
- a current or former guardian or foster parent of the child,
- a current or former step-parent of the child,
- a current or former partner of a parent of the child who lives or has lived in an enduring family relationship with the parent,
- any person who is for the time being, or has been, in loco parentis to the child, or
- any other person who is or has been responsible for the education, supervision, training, care or welfare of the child;”,