Various Sex Offences
Criminal Law Amendment Act, 1885 (as enacted)
CRIMINAL LAW AMENDMENT ACT 1885
CHAPTER LXIX.
An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes. [14th August 1885.]
Short title
1. This Act may be cited as the Criminal Law Amendment Act, 1885.
Part I.
Protection of Women and Girls.
Procuration.
2. Any person who—
(1.) Procures or attempts to procure any girl or woman under twenty-one years of age, not being a common prostitute, or of known immoral character, to have unlawful carnal connexion, either within or without the Queen’s dominions, with any other person or persons; or
(2.) Procures or attempts to procure any woman or girl to become, either within or without the Queen’s dominions, a common prostitute; or
(3.) Procures or attempts to procure any woman or girl to leave the United Kingdom, with intent that she may become an inmate of a brothel elsewhere; or
(4.) Procures or attempts to procure any woman or girl to leave her usual place of abode in the United Kingdom (such place not being a brothel), with intent that she may, for the purposes of prostitution, become an inmate of a brothel within or without the Queen’s dominions,
shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour.
Provided that no person shall be convicted of any offence under this section upon the evidence of one witness, unless such witness be corroborated in some material particular by evidence implicating the accused.
Procuring defilement of woman by threats or fraud or administering drugs.
25 & 26 Vict. c. 18.
3. Any person who—
(1.) By threats or intimidation procures or attempts to procure any woman or girl to have any unlawful carnal connexion either within or without the Queen’s dominions; or
(2.) By false pretences or false representations procures any woman or girl, not being a common prostitute or of known immoral character, to have any unlawful carnal connexion, either within or without the Queen’s dominions; or
(3.) Applies, administers to, or causes to be taken by any woman or girl any drug, matter, or thing, with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connexion with such woman or girl,
shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour.
Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.
Defilement of girl under thirteen years of age.
25 & 26 Vict. c. 18.
4. Any person who—
unlawfully and carnally knows any girl under the age of thirteen years shall be guilty of felony, and being convicted thereof shall be liable . . . to be kept in penal servitude for life . . .
Any person who attempts to have unlawful carnal knowledge of any girl under the age of thirteen years shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour.
Provided that in the case of an offender whose age does not exceed sixteen years, the court may, instead of sentencing him to any term of imprisonment, order him to be whipped, as prescribed by the Whipping Act, 1862, and the said Act shall apply, so far as circumstances admit, as if the offender had been convicted in manner in that Act mentioned; and if, having regard to his age and all the circumstances of the case, it should appear expedient, the court may, in addition to the sentence of whipping, order him to be sent to a certified reformatory school, and to be there detained for a period of not less than two years and not more than five years.
The court may also order the offender to be detained in custody for a period of not more than seven days before he is sent to such reformatory school.
Where, upon the hearing of a charge under this section, the girl in respect of whom the offence is charged to have been committed, or any other child of tender years who is tendered as a witness, does not, in the opinion of the court or justices, understand the nature of an oath, the evidence of such girl or other child of tender years may be received, though not given upon oath, if, in the opinion of the court or justices, as the case may be, such girl or other child of tender years is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth: Provided that no person shall be liable to be convicted of the offence unless the testimony admitted by virtue of this section and given on behalf of the prosecution shall be corroborated by some other material evidence in support thereof implicating the accused: Provided also, that any witness whose evidence has been admitted under this section shall be liable to indictment and punishment for perjury in all respects as if he or she had been sworn.
Whereas doubts have been entertained whether a man who induces a married woman to permit him to have connexion with her by personating her husband is or is not guilty of rape, it is hereby enacted and declared that every such offender shall be deemed to be guilty of rape.
Defilement of girl between thirteen and sixteen years of age.
5. Any person who—
(1.) Unlawfully and carnally knows or attempts to have unlawful carnal knowledge of any girl being of or above the age of thirteen years and under the age of sixteen years; or
(2.) Unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of any female idiot or imbecile woman or girl, under circumstances which do not amount to rape, but which prove that the offender knew at the time of the commission of the offence that the woman or girl was an idiot or imbecile,
shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour.
Provided that it shall be a sufficient defence to any charge under sub-section one of this section if it shall be made to appear to the court or jury before whom the charge shall be brought that the person so charged had reasonable cause to believe that the girl was of or above the age of sixteen years.
Provided also, that no prosecution shall be commenced for an offence under sub-section one of this section more than three months after the commission of the offence.
Householder, &c. permitting defilement of young girl on his premises.
6. Any person who, being the owner or occupier of any premises, or having, or acting or assisting in, the management or control thereof—
induces or knowingly suffers any girl of such age as is in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally,
(1) shall, if such girl is under the age of thirteen years, be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for life; and
(2) if such girl is of or above the age of thirteen and under the age of sixteen years, shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour.
Provided that it shall be a sufficient defence to any charge under this section if it shall be made to appear to the court or jury before whom the charge shall be brought that the person so charged had reasonable cause to believe that the girl was of or above the age of sixteen years.
Abduction of girl under eighteen with intent to have carnal knowledge.
7. Any person who—
with intent that any unmarried girl under the age of eighteen years should be unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man, or generally—
takes or causes to be taken such girl out of the possession and against the will of her father or mother, or any other person having the lawful care or charge of her,
shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour.
Provided that it shall be a sufficient defence to any charge under this section if it shall be made to appear to the court or jury that the person so charged had reasonable cause to believe that the girl was of or above the age of eighteen years.
Unlawful detention with intent to have carnal knowledge.
8. Any person who detains any woman or girl against her will—
(1.) In or upon any premises with intent that she may be unlawfully and carnally known by any man, whether any particular man, or generally, or
(2.) In any brothel,
shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour.
Where a woman or girl is in or upon any premises for the purpose of having any unlawful carnal connexion, or is in any brothel, a person shall be deemed to detain such woman or girl in or upon such premises or in such brothel, if, with intent to compel or induce her to remain in or upon such premises or in such brothel, such person withholds from such woman or girl any wearing apparel or other property belonging to her, or, where wearing apparel has been lent or otherwise supplied to such woman or girl by or by the direction of such person, such person threatens such woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied.
No legal proceedings, whether civil or criminal, shall be taken against any such woman or girl for taking away or being found in possession of any such wearing apparel as was necessary to enable her to leave such premises or brothel.
Power, on indictment for rape, to convict of certain misdemeanors.
9. If upon the trial of any indictment for rape, or any offence made felony by section four of this Act, the jury shall be satisfied that the defendant is guilty of an offence under section three, four, or five of this Act, or of an indecent assault, but are not satisfied that the defendant is guilty of the felony charged in such indictment, or of an attempt to commit the same, then and in every such case the jury may acquit the defendant of such felony, and find him guilty of such offence as aforesaid, or of an indecent assault, and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted upon an indictment for such offence as aforesaid, or for the misdemeanor of indecent assault.
Power of search.
10. If it appears to any justice of the peace, on information made before him on oath by any parent, relative, or guardian of any woman or girl, or any other person who, in the opinion of the justice, is bonâ fide acting in the interest of any woman or girl, that there is reasonable cause to suspect that such woman or girl is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of such justice, such justice may issue a warrant authorizing any person named therein to search for, and, when found, to take to and detain in a place of safety such woman or girl until she can be brought before a justice of the peace; and the justice of the peace before whom such woman or girl is brought may cause her to be delivered up to her parents or guardians, or otherwise dealt with as circumstances may permit and require.
The justice of the peace issuing such warrant may, by the same or any other warrant, cause any person accused of so unlawfully detaining such woman or girl to be apprehended and brought before a justice, and proceedings to be taken for punishing such person according to law.
A woman or girl shall be deemed to be unlawfully detained for immoral purposes if she is so detained for the purpose of being unlawfully and carnally known by any man, whether any particular man or generally, and—
(a.) Either is under the age of sixteen years; or
(b.) If of or over the age of sixteen years, and under the ago of eighteen years, is so detained against her will, or against the will of her father or mother or of any other person having the lawful care or charge of her; or
(c.) If of or above the age of eighteen years is so detained against her will.
Any person authorized by warrant under this section to search for any woman or girl so detained as aforesaid may enter (if need be by force) any house, building, or other place specified in such warrant, and may remove such woman or girl therefrom.
Provided always, that every warrant issued under this section shall be addressed to and executed by some superintendent, inspector, or other officer of police, who shall be accompanied by the parent, relative, or guardian or other person making the information, if such person so desire, unless the justice shall otherwise direct.
Outrages on decency.
11. Any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour.
Custody of girls under sixteen.
12. Where on the trial of any offence under this Act it is proved to the satisfaction of the court that the seduction or prostitution of a girl under the age of sixteen has been caused, encouraged, or favoured by her father, mother, guardian, master, or mistress, it shall be in the power of the court to divest such father, mother, guardian, master, or mistress of all authority over her, and to appoint any person or persons willing to take charge of such girl to be her guardian until she has attained the age of twenty-one, or any age below this as the court may direct, and the High Court shall have the power from time to time to rescind or vary such order by the appointment of any other person or persons as such guardian, or in any other respect.
Part II.
Suppression of Brothels.
Summary proceedings against brothel keeper, &c.
25 Geo. 2. c. 36.
58 Geo. 3. c. 70.
13. Any person who—
(1.) keeps or manages or acts or assists in the management of a brothel, or
(2.) being the tenant, lessee, or occupier of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution, or
(3.) being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel,
shall on summary conviction in manner provided by the Summary Jurisdiction Acts be liable—
(1.) to a penalty not exceeding twenty pounds, or, in the discretion of the court, to imprisonment for any term not exceeding three months, with or without hard labour, and
(2.) on a second or subsequent conviction to a penalty not exceeding forty pounds, or, in the discretion of the court, to imprisonment for any term not exceeding four months, with or without hard labour;
and in case of a third or subsequent conviction such person may, in addition to such penalty or imprisonment as last aforesaid, be required by the court to enter into a recognizance, with or without sureties, as to the court seems meet, to be of good behaviour for any period not exceeding twelve months, and in default of entering into such recognizance, with or without sureties (as the case may be), such person may be imprisoned for any period not exceeding three months, in addition to any such term of imprisonment as aforesaid.
Any person on being summarily convicted in pursuance of this section may appeal to a court of general or quarter sessions against such conviction.
The enactments for encouraging prosecutions of disorderly houses contained in sections five, six, and seven of the Disorderly Houses Act, 1751, as amended by the enactment contained in section seven of the Disorderly Houses Act, 1818, shall, with the necessary modifications, be deemed to apply to prosecutions under this section, and the said enactments shall, for the purposes of this section, be construed as if the prosecution in such enactments mentioned included summary proceedings under this section as well as a prosecution on indictment.
Saving of liability to other criminal proceedings.
16. This Act shall not exempt any person from any proceeding for an offence which is punishable at common law, or under any Act of Parliament other than this Act, so that a person be not punished twice for the same offence.
Procedure on indictments under Act. 22 & 23 Vict. c. 17.
17. Every misdemeanor under this Act shall, in England and Ireland, be deemed to be an offence within, and subject to, the provisions of the Vexatious Indictments Act, 1859, and any Act amending the same, and no indictment under the provisions of this Act shall in England be tried by any court of quarter sessions.
Costs.
18. The court before which any misdemeanor indictable under this Act, or any case of indecent assault, shall be prosecuted or tried may allow the costs of the prosecution, in the same manner as in cases of felony, and may in like manner, on conviction, order payment of such costs by the person convicted; and every order for the allowance or payment of such costs shall be made out, and the sum of money mentioned therein paid and repaid upon the same terms and in the same manner in all respects as in cases of felony.
[S. 19 rep. 61 & 62 Vict. c. 22 (S.L.R.)]
Person charged and his wife to be competent witnesses.
24 & 25 Vict. c. 100.
20. Every person charged with an offence under this Act or under section forty-eight and sections fifty-two to fifty-five, both inclusive, of the Offences against the Person Act, 1861, or any of such sections, and the husband or wife of the person so charged, shall be competent but not compellable witnesses on every hearing at every stage of such charge, except an inquiry before a grand jury.
[Sched. rep. 61 & 62 Vict. c. 22 (S.L.R.)]
PUNISHMENT OF INCEST ACT 1908
REVISED
Updated to 24 February 2023
PUNISHMENT OF INCEST ACT 1908
CHAPTER XLV.
An Act to provide for the punishment of Incest. [21st December 1908.]
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Annotations:
Editorial Notes:
E1
Provision made for exclusion of public from hearings of proceedings under Act (2.09.2019) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 29, S.I. No. 434 of 2019.
E2
Provision made for anonymity for accused and person to whom offence relates (2.09.2019) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 30, S.I. No. 434 of 2019.
E3
Special provisions made in relation to child victims of offences under Act (1.05.2002) by Children Act 2001 (24/2001), ss. 251-257 and sch. 1 item 3, S.I. No. 151 of 2002, art. 2(q).
E4
Previous affecting provision: provision made for exclusion of public from hearings of proceedings under Act (5.07.1995) by Criminal Law (Incest Proceedings) Act 1995 (12/1995), s. 2, commenced on enactment; repealed (2.09.2019) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 29, S.I. No. 434 of 2019.
E5
Previous affecting provision: provision for anonymity for accused and person to whom offence relates made (5.07.1995) by Criminal Law (Incest Proceedings) Act 1995 (12/1995), s. 3, commenced on enactment; repealed (2.09.2019) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 32, S.I. No. 434 of 2019.
Incest by males.
48 & 49 Vict. c. 69.
F1[1. (1) Any male person who has carnal knowledge of a female person, who is to his knowledge his grand-daughter, daughter, sister or mother, shall be guilty of an offence and shall be liable on conviction on indictment to F2[imprisonment for a term not exceeding 10 years].
(2) It shall not be a defence to proceedings for an offence under this section for the defendant to show that the carnal knowledge was had with the consent of the female person.]
(3) F3[…]
Annotations:
Amendments:
F1
Substituted (2.09.2019) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 28, S.I. No. 434 of 2019.
F2
Substituted (2.09.2019) by Criminal Law (Sexual Offences) (Amendment) Act 2019 (4/2019), s. 2, S.I. No. 436 of 2019.
F3
Deleted (5.07.1995) by Criminal Law (Incest Proceedings) Act 1995 (12/1995), s. 5(b), commenced on enactment.
Editorial Notes:
E6
Provision for higher sentences in cases of second or subsequent offences under section made by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 58, as inserted (2.09.2019) by Criminal Law (Sexual Offences) (Amendment) Act 2019 (4/2019), s. 4, S.I. No. 436 of 2019.
E7
Offence under section designated a sexual offence (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 4 and sch. 1 part 2 item 5, S.I. No. 215 of 2016.
E8
Withholding information in relation to offence against child or vulnerable person under section designated an offence (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), ss. 2, 3 and sch. 1 item 8, sch. 2 item 6, S.I. No. 281 of 2012.
E9
Retrial procedure for offence under section and court approval required for exercise of powers where acquittal provided (1.09.2010) by Criminal Procedure Act 2010 (27/2010), ss. 7-18 and sch., S.I. No. 414 of 2010.
E10
Offence under section designated a sexual offence (27.09.2001) by Sex Offenders Act 2001 (18/2001), s. 3, S.I. No. 426 of 2001.
E11
Offence under section designated a serious offence (15.05.2000) by Bail Act 1997 (16/1997), s. 1(1) and sch. item 9, S.I. No. 118 of 2000.
E12
Previous affecting provision: provision for search warrant in relation to offence under section made (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 10, commenced as per s. 21; section substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 6(1)(a), S.I. No. 390 of 2006.
E13
Previous affecting provision: complainant in relation to offence under section entitled to legal advice as provided (16.12.1995) by Civil Legal Aid Act 1995 (32/1995), s. 26(3)(b), commenced on enactment; provision substituted (24.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 25(c), commenced on enactment.
E14
Previous affecting provision: subs. (1) amended (5.07.1995) by Criminal Law (Incest Proceedings) Act 1995 (12/1995), s. 5(a), commenced on enactment; section substituted as per F-note above.
E15
Previous affecting provision: section amended (3.05.1993) by Criminal Justice Act 1993 (6/1993), s. 12, commenced as per s. 14(2); section substituted as per F-note above.
E16
Previous affecting provision: section amended (28.02.1935) by Criminal Law Amendment Act 1935 (6/1935), s. 12, commenced on enactment; section substituted as per F-note above.
Incest by females of or over sixteen.
F4[2. Any female person of or above the age of 17 years, who with consent permits her grandfather, father, brother or son to have carnal knowledge of her (knowing him to be her grandfather, father, brother or son, as the case may be), shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.]
Annotations:
Amendments:
F4
Substituted (2.09.2019) by Criminal Law (Sexual Offences) (Amendment) Act 2019 (4/2019), s. 3, S.I. No. 436 of 2019.
Editorial Notes:
E17
Provision for higher sentences in cases of second or subsequent offences under section made by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 58, as inserted (2.09.2019) by Criminal Law (Sexual Offences) (Amendment) Act 2019 (4/2019), s. 4, S.I. No. 436 of 2019.
E18
Offence under section designated a sexual offence (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 4 and sch. 1 part 2 item 6, S.I. No. 215 of 2016.
E19
Withholding information in relation to offence against child or vulnerable person under section designated an offence (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), ss. 2, 3 and sch. 1 item 8, sch. 2 item 6, S.I. No. 281 of 2012.
E20
Offence under section designated a sexual offence (27.09.2001) by Sex Offenders Act 2001 (18/2001), s. 3, S.I. No. 426 of 2001.
E21
Offence under section designated a serious offence (15.05.2000) by Bail Act 1997 (16/1997), s. 1(1) and sch. item 9, S.I. No. 118 of 2000.
E22
Previous affecting provision: complainant in relation to offence under section entitled to legal advice as provided (16.12.1995) by Civil Legal Aid Act 1995 (32/1995), s. 26(3)(b), commenced on enactment; provision substituted (24.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 25(c), commenced on enactment.
Test of relationship.
3. In this Act the expressions “brother” and “sister,” respectively, include half-brother and half-sister, and the provisions of this Act shall apply whether the relationship between the person charged with an offence under this Act and the person with whom the offence is alleged to have been committed, is or is not traced through lawful wedlock.
Prosecution of offences.
22 & 23 Vict. c. 17.
4. — (1) An offence under this Act shall be deemed to be an offence within, and subject to, the provisions of the Vexatious Indictments Act, 1859, and any Act amending the same.
(2) A court of quarter sessions shall not have jurisdiction to enquire of, hear, or determine any indictment for an offence against this Act, or for an attempt to commit any such offence.
(3) If, on the trial of any indictment for rape, the jury are satisfied that the defendant is guilty of an offence under this Act, but are not satisfied that the defendant is guilty of rape, the jury may acquit the defendant of rape and find him guilty of an offence under this Act, and he shall be liable to be punished accordingly.
If, on the trial of any indictment for an offence under this Act, the jury are satisfied that the defendant is guilty of any offence under sections four or five of the Criminal Law Amendment Act, 1885, but are not satisfied that the defendant is guilty of an offence under this Act, the jury may acquit the defendant of an offence under this Act and find him guilty of an offence under sections four or five of the Criminal Law Amendment Act, 1885, and he shall be liable to be punished accordingly.
(4) Section 4 of the Criminal Evidence Act, 1898, shall have effect as if this Act were included in the schedule to that Act.
Proceedings to be held in camera.
5. F5[…]
Annotations:
Amendments:
F5
Repealed (5.07.1995) by Criminal Law (Incest Proceedings) Act 1995 (12/1995), s. 6, commenced on enactment.
Editorial Notes:
E23
Previous affecting provision: section repealed by Criminal Law Amendment Act 1922 (12 & 13 Geo. 5) c. 56, s. 5.
Sanction of Attorney-General.
6. No prosecution for any offence under this Act shall be commenced without the sanction of His Majesty’s Attorney-General, but this section shall not apply to any prosecution commenced by or on behalf of the Director of Public Prosecutions.
Extent.
7. This Act shall not extend to Scotland.
Short title and commencement.
8. This Act may be cited as the Punishment of Incest Act, 1908, and shall come into operation on the first day of January one thousand nine hundred and nine.
CRIMINAL LAW AMENDMENT ACT, 1935 (as enacted)
AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE PROTECTION OF YOUNG GIRLS AND THE SUPPRESSION OF BROTHELS AND PROSTITUTION, AND FOR THOSE AND OTHER PURPOSES TO AMEND THE LAW RELATING TO SEXUAL OFFENCES. [28th February, 1935.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
Defilement of girl under fifteen years of age.
1.—(1) Any person who unlawfully and carnally knows any girl under the age of fifteen years shall be guilty of a felony, and shall be liable on conviction thereof to penal servitude for life or for any term not less than three years or to imprisonment for any term not exceeding two years.
(2) Any person who attempts to have unlawful carnal knowledge of any girl under the age of fifteen years shall be guilty of a misdemeanour and shall be liable, in the case of a first conviction of such misdemeanour, to penal servitude for any term not exceeding five years nor less than three years or to imprisonment for any term not exceeding two years or, in the case of a second or any subsequent conviction of such misdemeanour, to penal servitude for any term not exceeding ten years nor less than three years or to imprisonment for any term not exceeding two years.
Defilement of girl between fifteen and seventeen years of age.
2.—(1) Any person who unlawfully and carnally knows any girl who is of or over the age of fifteen years and under the age of seventeen years shall be guilty of a misdemeanour and shall be liable, in the case of a first conviction of such misdemeanour, to penal servitude for any term not exceeding five years nor less than three years or to imprisonment for any term not exceeding two years or, in the case of a second or any subsequent conviction of such misdemeanour, to any term of penal servitude not exceeding ten years nor less than three years or to imprisonment for any term not exceeding two years.
(2) Any person who attempts to have unlawful carnal knowledge of any girl who is of or over the age of fifteen years and under the age of seventeen years shall be guilty of a misdemeanour, and shall be liable, in the case of a first conviction of such misdemeanour, to imprisonment for any term not exceeding two years or, in the case of a second or any subsequent conviction of such misdemeanour, to penal servitude for any term not exceeding five years nor less than three years or to imprisonment for any term not exceeding two years.
(3) No prosecution for an offence which is declared by this section to be a misdemeanour shall be commenced more than twelve months after the date on which such offence is alleged to have been committed.
Power to convict otherwise than as indicted.
3.—If upon the trial of any indictment for rape, or any offence made felony by section 1 of this Act, the jury shall be satisfied that the defendant is guilty of an offence under section 3 of the Criminal Law Amendment Act, 1885 , or under either section 1 or section 2 of this Act, or of an indecent assault, but are not satisfied that the defendant is guilty of the felony charged in such indictment, or of an attempt to commit the same, then and in every such case the jury may acquit the defendant of such felony, and find him guilty of such offence as aforesaid, or of an indecent assault (as the case may be), and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted for such offence as aforesaid, or for the misdemeanour of indecent assault, as the case may be.
Defilement of idiots, imbeciles, and feebleminded females.
4.—(1) Any person who, in circumstances which do not amount to rape, unlawfully and carnally knows or attempts to have unlawful carnal knowledge of any woman or girl who is an idiot, or an imbecile, or is feeble-minded shall, if the circumstances prove that such person knew at the time of such knowledge or attempt that such woman or girl was then an idiot or an imbecile or feeble-minded (as the case may be), be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for any term not exceeding two years.
(2) No prosecution for an offence which is declared by this section to be a misdemeanour shall be commenced more than twelve months after the date on which such offence is alleged to have been committed.
Trial of certain offences summarily.
5.—(1) A Justice of the District Court shall have jurisdiction to try summarily any charge of an offence which is declared by any of the foregoing sections of this Act to be a misdemeanour where the offence charged is only an attempted carnal knowledge, and the Justice is of opinion that the facts proved against the person so charged constitute a minor offence fit to be tried summarily, and such person (inquiry having been made of him by the Justice) does not object to being so tried.
(2) Where an offence is tried summarily by a Justice of the District Court in exercise of the jurisdiction conferred by this section, the punishment inflicted by the Justice for such offence shall not exceed six months’ imprisonment.
Punishment of certain offences.
6.—In lieu of section 52 (repealed by this Act) of the Offences against the Person Act, 1861 , as amended by section 19 of the Criminal Law Amendment Act, 1885 , it is hereby enacted that whosoever shall be convicted of any indecent assault upon any female shall be liable, in the case of a first conviction of any such offence, to imprisonment for any term not exceeding two years, and in the case of a second or any subsequent conviction of any such offence, to penal servitude for any term not exceeding five years nor less than three years or imprisonment for any term not exceeding two years.
Amendment of section 2 of the Criminal Law Amendment Act, 1885.
7.— Section 2 of the Criminal Law Amendment Act, 1885 , is hereby amended by the deletion therefrom of the words “under twenty-one years of age”, and the said section shall be construed and have effect accordingly.
Amendment of section 3 of the Criminal Law Amendment Act, 1885.
8.— Section 3 of the Criminal Law Amendment Act, 1885 , is hereby amended by the insertion therein before the word “drug” of the words “alcoholic or other intoxicant or any”, and the said section shall be construed and have effect accordingly.
Amendment of section 6 of the Criminal Law Amendment Act, 1885.
9.— Section 6 of the Criminal Law Amendment Act, 1885 , is hereby amended in the following respects, that is to say:—
(a) by the substitution of the word “fifteen” for the word “thirteen” wherever that word occurs in the said section, and
(b) by the substitution of the word “seventeen” for the word “sixteen” where that word firstly occurs in the said section, and
(c) by the deletion of the proviso to the said section,
and the said section shall be construed and have effect accordingly.
Amendment of section 12 of the Criminal Law Amendment Act, 1885.
10.— Section 12 of the Criminal Law Amendment Act, 1885 , is hereby amended by the substitution of the word “twenty-one” for the word “sixteen”, and the said section shall be construed and have effect accordingly.
Amendment of sections 16, 17 and 18 of the Children Act, 1908.
11.—Sections 16, 17 and 18 of the Children Act, 1908, are hereby amended by the substitution of the word “seventeen” for the word “sixteen” wherever that word occurs in those sections, and those sections shall be construed and have effect accordingly.
Amendment of the Punishment of Incest Act, 1908.
12.—The Punishment of Incest Act, 1908 , is hereby amended in the following respects, that is to say:—
(a) the word “fifteen” shall be substituted for the word “thirteen” where that word firstly occurs in the proviso to sub-section (1) of section 1, and
(b) the reference in the said proviso to section 4 of the Criminal Law Amendment Act, 1885 , shall be construed as a reference to section 1 (which deals with the defilement of girls under fifteen years of age) of this Act, and
(c) the word “seventeen” shall be substituted for the word “sixteen” where that word occurs in section 2, and the said Act shall be construed and have effect accordingly.
Offence of keeping a brothel.
13.—(1) In lieu of section 13 (repealed by this Act) of the Criminal Law Amendment Act, 1885 , it is hereby enacted that any person who—
(a) keeps or manages or acts or assists in the management of a brothel, or
(b) being the tenant, lessee, occupier, or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution, or
(c) being the lessor or landlord of any premises or the agent of such lessor or landlord, lets such premises or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel, shall be guilty of a misdemeanour and shall be liable, in the case of a first conviction of such misdemeanour, to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment and, in the case of a second or any subsequent conviction of such misdemeanour, to a fine not exceeding two hundred and fifty pounds or, at the discretion of the court, to penal servitude for any term not exceeding five years nor less than three years or imprisonment for any term not exceeding two years or to both such fine and such penal servitude or imprisonment.
(2) A Justice of the District Court shall have jurisdiction to try summarily any charge of an offence which is declared by this section to be a misdemeanour where the person so charged has not previously been convicted of any such misdemeanour and such person (inquiry having been made of him by the Justice) does not object to being so tried.
(3) Sections 5 , 6 , and 7 of the Disorderly Houses Act, 1751 , as amended by section 7 of the Disorderly Houses Act, 1818 shall apply to prosecutions for an offence which is declared by this section to be a misdemeanour.
Defence of consent by person under fifteen years of age.
14.—It shall not be a defence to a charge of indecent assault upon a person under the age of fifteen years to prove that such person consented to the act alleged to constitute such indecent assault.
Jurisdiction to try certain offences summarily.
15.—(1) A Justice of the District Court shall have jurisdiction to try summarily any charge of an offence to which this section applies where the Justice is of opinion that the facts proved against the accused constitute a minor offence fit to be tried summarily and the accused (inquiry having been made of him by the Justice) does not object to being so tried.
(2) Where an offence is tried summarily by a Justice of the District Court in exercise of the jurisdiction conferred by this section, the punishment inflicted by the Justice for such offence shall not exceed six months’ imprisonment.
(3) This section applies to the following offences, that is to say:—
(a) any offence which is declared by section 11 of the Criminal Law Amendment Act, 1885 , to be a misdemeanour, where the accused person is over the age of sixteen years and the person with whom the act alleged to constitute the offence is committed is either under the age of sixteen years or is an idiot, an imbecile or a feeble-minded person, and
(b) indecent assault against a person under the age of fifteen years.
Suppression of prostitution.
16.—(1) Every common prostitute who is found loitering in any street, thoroughfare, or other place and importuning or soliciting passers-by for purposes of prostitution or being otherwise offensive to passers-by shall be guilty of an offence under this section and shall on summary conviction thereof be liable, in the case of a first such offence, to a fine not exceeding two pounds or, in the case of a second or any subsequent such offence, to imprisonment for any term not exceeding six months.
(2) The Probation of Offenders Act, 1907 , shall apply to offences under this section as if the words “or to the prospects of the moral reclamation of the person or persons charged” were inserted in sub-section (1) of section 1 of that Act immediately before the words “it is inexpedient to inflict any punishment.”
Prohibition of sale and importation of contraceptives.
17.—(1) It shall not be lawful for any person to sell, or expose, offer, advertise, or keep for sale or to import or attempt to import into Saorstát Eireann for sale, any contraceptive.
(2) Any person who acts in contravention of the foregoing sub-section of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment and, in any case to forfeiture of any contraceptive in respect of which such offence was committed.
(3) Contraceptives shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876 , and the provisions of that Act (as amended or extended by subsequent Acts) relating to the importation of prohibited goods shall apply accordingly.
(4) In this section the word “contraceptive” means any appliance, instrument, drug, preparation or thing, designed, prepared, or intended to prevent pregnancy resulting from sexual intercourse between human beings.
Public indecency.
18.—Every person who shall commit, at or near and in sight of any place along which the public habitually pass as of right or by permission, any act in such a way as to offend modesty or cause scandal or injure the morals of the community shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds or, at the discretion of the court, to imprisonment for any term not exceeding one month.
Search of brothels.
19.—(1) If a Justice of a District Court is satisfied, by information on oath tendered by a member of the Gárda Síochána not below the rank of inspector, that there is reasonable ground for suspecting that any premises within the district court area in respect of which he is then exercising jurisdiction is a brothel, such Justice may issue a search warrant in respect of such premises.
(2) A search warrant issued under this section shall authorise any member of the Gárda Síochána named in that behalf therein and not below the rank of inspector to enter (if need be by force) the premises specified in such warrant at any time within one month from the date of the issue of such warrant and to inspect and search the said premises and to demand of every person found in the said premises during such inspection and search his name and address.
(3) A member of the Gárda Síochána not below the rank of inspector inspecting and searching premises under a search warrant issued under this section may be accompanied and assisted in such inspection and search by such other members of the Gárda Síochána (of whatever rank) as he may think proper.
(4) If any person whose name and address is demanded of him under this section by a member of the Gárda Síochána fails or refuses to give to such member his name and address or gives to such member a false name or a false address, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
Repeals.
20.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.
Short title and citation.
21.—(1) This Act may be cited as the Criminal Law Amendment Act, 1935.
(2) The Criminal Law Amendment Acts, 1885 to 1912, and this Act may be cited together as the Criminal Law Amendment Acts, 1885, to 1935.
SCHEDULE.
ENACTMENTS REPEALED
Session and Chapter
Short Title
Extent of Repeal
24 & 25 Vic., c. 100.
Offences against the Person Act, 1861 .
Section 52.
43 & 44 Vic., c. 45.
Criminal Law Amendment Act, 1880.
The whole Act.
48 & 49 Vic., c. 69.
Criminal Law Amendment Act, 1885 .
Section 4, except the clause at the end beginning with the word “Whereas”; Section 5; the proviso to Section 7; Section 13.
4 Edw. VII, c. 15.
Prevention of Cruelty to Children Act, 1904.
Section 27.
2 & 3 Geo. V, c. 20.
Criminal Law Amendment Act, 1912 .
Sub-sections (2) and (3) of Section 4.
CRIMINAL LAW (SEXUAL OFFENCES) ACT 1993
REVISED
Updated to 22 December 2022
AN ACT TO AMEND THE LAW IN RELATION TO SEXUAL OFFENCES AND FOR THAT PURPOSE TO AMEND THE OFFENCES AGAINST THE PERSON ACT, 1861, IN RELATION TO BUGGERY; TO AMEND THE CRIMINAL LAW AMENDMENT ACTS, 1885 TO 1935; TO REPEAL THE VAGRANCY ACT, 1898, AND CERTAIN PROVISIONS OF CERTAIN OTHER ENACTMENTS RELATING TO SEXUAL OFFENCES AND TO PROVIDE FOR CONNECTED MATTERS. [7th July, 1993]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Editorial Notes:
E1
A number of Acts refer to offences under this Act as disqualifying or potentially disqualifying offences, or as otherwise meriting certain treatment. They include:
• Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 5 and sch. 1
• Children First Act 2015 (36/2015), s. 2 (sexual abuse included in the definition of harm)
• Taxi Regulation Act 2013 (37/2013), ss. 10, 30 and 31 and sch. part 1 item 8
• Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), s. 2 and sch. 1
• Children Act 2001 (24/2001), ss. 251, 253-257 and sch. 1
• Sex Offenders Act 2001 (18/2001), ss. 3, 10 and sch. paras. 12, 14
• Bail Act 1997 (16/1997), s. 1 and sch. 1 paras. 12, 29 and 30
• Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 10 and sch. 1
• Civil Legal Aid Act 1995 (32/1995), s. 26 as amended by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 78
• Criminal Evidence Act 1992 (12/1992), s. 2 (included in definition of sexual offence) and Part III
• Criminal Law (Rape) Act 1981 (10/1981), ss. 3, 4A(6) as amended by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007), s. 3(1), (2)
Interpretation.
1.—(1) In this Act—
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;
“public place” means any place to which the public have access whether as of right or by permission and whether subject to or free of charge;
“solicits or importunes” includes soliciting or importuning from or in a motor vehicle, and cognate words shall be construed accordingly;
“street” includes any road, bridge, lane, footway, subway, square, court, alley or passsage, whether a thoroughfare or not, which is for the time being open to the public; and the doorways, entrances and gardens abutting on a street and any ground or car-park adjoining and open to a street, shall be treated as forming part of a street.
(2) In this Act a person solicits or importunes for the purposes of prostitution where the person—
(a) F1[…]
(b) solicits or importunes another person for the purpose of obtaining that other person’s services as a prostitute, or
(c) solicits or importunes another person on behalf of a person for the purposes of prostitution.
(3) In this Act references to sexual intercourse shall be construed as references to carnal knowledge as defined in section 63 of the Offences against the Person Act, 1861.
(4) In this Act and in any other enactment, whether passed before or after this Act, a reference to a prostitute includes a reference to a male person who is a prostitute and a reference to prostitution shall be construed accordingly.
(5) In this Act a reference to a subsection is a reference to the subsection of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
Annotations
Amendments:
F1
Deleted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 25(a), S.I. No. 112 of 2017.
Abolition of offence of buggery between persons.
2.—Subject to sections 3 and 5 of this Act, any rule of law by virtue of which buggery between persons is an offence is hereby abolished.
Buggery of persons under 17 years of age.
3.— F2[…]
Annotations
Amendments:
F2
Repealed (2.06.2006) by Criminal Law (Sexual Offences 2006 (15/2006), s. 8 and sch., commenced on enactment.
Editorial Notes:
E2
Previous affecting provision: application of section modified (7.03.2007) by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007), s. 3(3), commenced on enactment; section repealed as per F-note above.
E3
Previous affecting provision: paras. (c), (d) amended (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 13 and sch. part 10, commenced on enactment; section repealed as per F-note above.
E4
Previous affecting provision: application of section extended (19.12.1996) by Sexual Offences (Jurisdiction) Act 1996 (38/1996), s. 2 and sch., commenced on enactment; section repealed as per F-note above.
Gross indecency with males under 17 years of age.
4.—F3[…]
Annotations
Amendments:
F3
Repealed (2.06.2006) by Criminal Law (Sexual Offences 2006 (15/2006), s. 8 and sch., commenced on enactment.
Editorial Notes:
E5
Previous affecting provision: application of section modified (7.03.2007) by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007), s. 3(3), commenced on enactment; section repealed as per F-note above.
E6
Previous affecting provision: application of section extended (19.12.1996) by Sexual Offences (Jurisdiction) Act 1996 (38/1996), s. 2 and sch., commenced on enactment; section repealed as per F-note above.
Protection of mentally impaired persons.
5. —F4[…]
Annotations
Amendments:
F4
Repealed (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 24, S.I. No. 112 of 2017.
Editorial Notes:
E7
Previous affecting provision: application of section extended (19.12.1996) by Sexual Offences (Jurisdiction) Act 1996 (38/1996), s. 2 and sch., commenced on enactment; section repealed as per F-note above.
Soliciting or importuning for purposes of commission of sexual offence.
F5[6.— (1) A person who solicits or importunes a child (whether or not for the purposes of prostitution) for the purposes of the commission of an act that would constitute an offence—
(a) under section 2 or 3 of the Criminal Law (Sexual Offences) Act 2006, or
(b) referred to in section 2 of the Act of 1990,
shall be guilty of an offence.
(2) F6[…]
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 12 months, or to both, or
(b) on conviction on indictment to a fine, or imprisonment for a term not exceeding 5 years, or to both.
(4) In this section—
‘Act of 1990’ means the Criminal Law (Rape) (Amendment) Act 1990;
‘child’ means a person under the age of 17 years;
‘mentally impaired’ has the same meaning as it has in section 5 of this Act. ]
Annotations
Amendments:
F5
Substituted (7.03.2007) by Criminal Law (Sexual Offences)(Amendment) Act 2007 (6/2007), s. 2, commenced on enactment.
F6
Repealed (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 24, S.I. No. 112 of 2017.
Modifications (not altering text):
C1
Application of section modified (7.03.2007) by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007), s. 3(3), commenced on enactment.
Application of certain enactments.
3.— …
(3) Sections 3, 4, 6, 7 and 8 of the Act of 1981 shall apply to an offence under section 6 of the Act of 1993 subject to the modification that references in any of those sections to—
(a) sexual assault offence shall be construed as including references to an offence under section 6 of the Act of 1993, and
(b) rape offence shall be construed as including references to an offence under section 6 of the Act of 1993.
…
Editorial Notes:
E8
Previous affecting provision: section substituted (1.05.2002) by Children Act 2001 (24/2001), s. 250, S.I. No. 151 of 2002; substituted as per F-note above.
Soliciting or importuning for purposes of prostitution.
7.—A person who in a street or public place solicits or importunes another person or other persons for the purposes of prostitution shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—
(a) £250, in the case of a first conviction,
(b) £500, in the case of a second conviction, or
(c) £500 or to imprisonment for a term not exceeding 4 weeks or to both, in the case of a third or any subsequent conviction.
Annotations
Editorial Notes:
E9
The Euro value of the fine in para. (a) is €317.43. The Euro value of the fine in paras. (b) and (c) is €634.87.
F7[
Payment etc. for sexual activity with prostitute
7A. (1) A person who pays, gives, offers or promises to pay or give a person (including a prostitute) money or any other form of remuneration or consideration for the purpose of engaging in sexual activity with a prostitute shall be guilty of an offence and shall be liable on summary conviction—
(a) in the case of a first offence, to a class E fine, and
(b) in the case of a second or subsequent offence, to a class D fine.
(2) In this section ‘sexual activity’ means any activity where a reasonable person would consider that—
(a) whatever its circumstances or the purpose of any person in relation to it, the activity is because of its nature sexual, or
(b) 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.]
Annotations
Amendments:
F7
Inserted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 25(b), S.I. No. 112 of 2017.
Loitering for purposes of prostitution.
8.—(1) A member of the Garda Síochána who has reasonable cause to suspect that a person is loitering in a street or public place in order to solicit or importune another person or other persons for the purposes of prostitution may direct that person to leave immediately that street or public place.
F8[(2) A person who without lawful authority or reasonable excuse fails to comply with a direction under subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a class D fine or imprisonment for a term not exceeding 6 months or both.]
Annotations
Amendments:
F8
Substituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 25(c), S.I. No. 112 of 2017.
Organisation of prostitution.
9.—A person who for gain—
(a) controls or directs the activities of a prostitute in respect of prostitution,
(b) organises prostitution by controlling or directing the activities of more than one prostitute for that purpose, or
(c) compels or coerces a person to be a prostitute,
shall be guilty of an offence and shall be liable—
F9[(i) on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both, or
(ii) on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.]
Annotations
Amendments:
F9
Substituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 25(d), S.I. No. 112 of 2017.
Living on earnings of prostitution.
10.—(1) A person who knowingly lives in whole or in part on the earnings of the prostitution of another person and aids and abets that prostitution shall be guilty of an offence and shall be liable on summary conviction F10[to a class A fine or imprisonment for a term not exceeding 12 months or both].
(2) If a judge of the District Court is satisfied on the sworn information of a member of the Garda Síochána not below the rank of sergeant that there are reasonable grounds for suspecting that any premises or any part of a premises is used by a person for the purposes of prostitution, and that any person residing in or frequenting the premises or part of the premises is living in whole or in part on the earnings of the prostitution of another person, he may issue a warrant under his hand authorising any member of the Garda Síochána, accompanied by other members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, and search the premises and arrest that person.
(3) A person who obstructs or interferes with a member of the Garda Síochána acting under the authority of a warrant under subsection (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.
Annotations
Amendments:
F10
Substituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 25(e), S.I. No. 112 of 2017.
Brothel keeping.
11.—A person who—
(a) keeps or manages or acts or assists in the management of a brothel,
(b) being the tenant, lessee, occupier or person in charge of a premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution, or
(c) being the lessor or landlord of any premises or the agent of such lessor or landlord, lets such premises or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel,
shall be guilty of an offence and shall be liable—
F11[(i) on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both, or]
(ii) on conviction on indictment to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 5 years or to both.
Annotations
Amendments:
F11
Substituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 25(f), S.I. No. 112 of 2017.
Amendment of section 19 of Criminal Law Amendment Act, 1935 (search of brothels).
12.—Section 19 of the Criminal Law Amendment Act, 1935, is hereby amended by—
(a) the substitution of “sergeant” for “inspector” in each place it occurs, and
(b) the substitution in subsection (4) of “£500” for “five pounds”.
Powers of arrest.
13.—(1) If a member of the Garda Síochána reasonably suspects that a person has committed an offence under section 4, 6, 7, F12[7A,] 8 (2) or 10 (3) of this Act he may—
(a) arrest that person without warrant, or
(b) require him to give his name and address and, if the person fails or refuses to do so or gives a name or address that the member reasonably suspects to be false or misleading, the member may arrest that person without warrant.
(2) A person who fails or refuses to give his name or address when required under subsection (1), or gives a name or address which is false or misleading, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.
Annotations
Amendments:
F12
Inserted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 25(g), S.I. No. 112 of 2017.
Repeals.
14.—The enactments specified in column (2) of the Schedule to this Act are hereby repealed to the extent specified in column (3) of that Schedule.
Short title and collective citation.
15.—(1) This Act may be cited as the Criminal Law (Sexual Offences) Act, 1993.
(2) The Criminal Law Amendment Acts, 1885 to 1935, and this Act may be cited together as the Criminal Law (Sexual Offences) Acts, 1885 to 1993.
SCHEDULE
Enactments Repealed
Section 14.
Session and Chapter or Year and Number
Short Title
Extent of Repeal
(1)
(2)
(3)
5 & 6 Vict., c. 24
Dublin Police Act, 1842
Paragraph 11 of section 14.
10 & 11 Vict., c. 89
Town Police Clauses Act, 1847
In section 28 the words “Every common Prostitute or Nightwalker loitering and importuning Passengers for the Purpose of Prostitution:”.
17 & 18 Vict., c. 103
Towns Improvement (Ireland) Act, 1854
In section 72 the words “Every common Prostitute or Nightwalker loitering and importuning Passengers for the Purpose of Prostitution, or being otherwise offensive, shall be liable to a fine not exceeding Forty Shillings:”.
24 & 25 Vict., c. 100
Offences against the Person Act, 1861
Sections 61 and 62 (save in so far as they apply to buggery or attempted buggery with animals).
48 & 49 Vict., c. 69
Criminal Law Amendment Act, 1885
Section 11.
61 & 62 Vict., c. 39
Vagrancy Act, 1898
The whole Act.
2 & 3 Geo. 5, c. 20
Criminal Law Amendment Act, 1912
Sections 3 and 7.
1935, No. 6
Criminal Law Amendment Act, 1935
Sections 4, 13 and 16.
SEXUAL OFFENCES (JURISDICTION) ACT 1996
REVISED
Updated to 1 January 2024
AN ACT TO EXTEND THE CRIMINAL LAW OF THE STATE TO SEXUAL ACTS INVOLVING CHILDREN DONE OUTSIDE THE STATE BY CITIZENS OF THE STATE OR BY PERSONS ORDINARILY RESIDENT IN THE STATE AND TO PROVIDE FOR RELATED MATTERS. [19th December, 1996]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Interpretation.
1. — (1) In this Act “ a child ” means a person under the age of F1[18 years].
(2) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended, adapted or extended, whether before or after the passing of this Act, by or under any subsequent enactment.
Annotations:
Amendments:
F1
Substituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 41(a), S.I. No. 112 of 2017.
Sexual offences committed outside State.
2. — (1) Where a person, being a citizen of the State or being ordinarily resident in the State, does an act, in a place other than the State (“the place”), against or involving a child which—
(a) constitutes an offence under the law of the place, and
(b) if done within the State, would constitute an offence under, or referred to in, an enactment specified in the Schedule to this Act,
he or she shall be guilty of the second-mentioned offence.
(2) Where a person, being a citizen of the State or being ordinarily resident in the State, attempts to commit an offence which is an offence by virtue of subsection (1) of this section (“the principal offence”), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not greater than the penalty to which he or she would have been liable if he or she had been convicted of the principal offence.
(3) Where a person aids, abets, counsels or procures, in the State, the commission of an offence, which is an offence by virtue of subsection (1) of this section, he or she shall be guilty of that offence.
(4) Where a person, being a citizen of the State or being ordinarily resident in the State, aids, abets, counsels or procures, outside the State, the commission of an offence, which is an offence by virtue of subsection (1) of this section, he or she shall be guilty of that offence.
(5) Where a person conspires with, or incites, inside the State, another person to commit an offence, which is an offence by virtue of subsection (1) of this section (“the principal offence”), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not exceeding the penalty to which he or she would be liable if he or she were convicted of the principal offence.
(6) Where a person, being a citizen of the State or being ordinarily resident in the State, conspires with, or incites, outside the State, another person to commit an offence, which is an offence by virtue of subsection (1) of this section (“the principal offence”), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not exceeding the penalty to which he or she would be liable if he or she were convicted of the principal offence.
(7) For the purposes of proceedings for an offence to which this section relates, a person shall be deemed to be ordinarily resident in the State if he or she has had his or her principal residence within the State for the period of 12 months immediately preceding the alleged commission of the said offence.
Offence to transport person for purposes of enabling offence to which section 2 (1) relates to be committed.
3. — (1) A person who, in the State, makes an arrangement to transport a person to a place in or outside the State or who authorises the making of such an arrangement for or on behalf of another person, knowingly for the purpose of enabling that person or any other person to commit an offence, which is an offence by virtue of section 2 (1) of this Act, shall be guilty of an offence.
(2) A person who transports another person from a place in the State to a place in or outside the State, knowingly for the purpose of enabling that person or any other person to commit an offence, which is an offence by virtue of section 2 (1) of this Act, shall be guilty of an offence.
Offence to publish information likely to promote etc. commission of offence to which section 2 (1) relates.
4. — A person who publishes information which is intended to or, having regard to all the circumstances, is likely to promote, advocate or incite the commission of an offence, which is an offence by virtue of section 2 (1) of this Act, shall be guilty of an offence.
Offences by bodies corporate.
5. — Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other similar officer of such body, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
Penalties.
6. — A person guilty of an offence under this Act (other than an offence under section 2 or 10) 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 to both, or
(b) on conviction on indictment, to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 5 years or to both.
Annotations:
Editorial Notes:
E1
A fine of £1,500 converted (1.01.1999) to €1,904.61. This translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(2) and table ref. no. 2, S.I. No. 662 of 2010.
A fine of £10,000 converted (1.01.1999) to €12,697.38. This is multiplied by 1.75 to €22,220.45 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 9(1) and table ref. no. 1, S.I. No. 662 of 2010.
Proceedings to which subsections (1), (2) and (6) of section 2 relate.
7. — Proceedings for an offence which is an offence by virtue of subsection (1) of section 2 of this Act, or which is an offence under subsection (2) or (6) of section 2 of this Act, may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.
Evidence as to a person’s age.
8. — In proceedings for an offence, which is an offence under or by virtue of section 2 or 3 of this Act, the court may have regard to a person’s physical appearance or attributes for the purpose of determining whether that person is under the age of F2[18 years] or was, at the time of the alleged commission of the offence to which the proceedings relate, under the age of F2[18 years].
Annotations:
Amendments:
F2
Substituted (27.03.2021) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 41(b), S.I. No. 112 of 2017.
Double jeopardy.
9. — Where a person has been acquitted or convicted, in a place other than the State, of an offence, that person shall not be proceeded against for an offence under this Act or an offence which is an offence by virtue of this Act, in respect of the act constituting the first-mentioned offence.
Power of search.
10. — (1) Where, on the application of a member of the Garda Síochána, a judge of the District Court is satisfied that there are reasonable grounds for believing that evidence of or relating to an offence under this Act is to be found on premises specified in the application, the judge may issue a warrant for the search of those premises.
(2) A warrant issued under this section shall authorise a named member of the Garda Síochána, alone or accompanied by any other member of the Garda Síochána, to enter, within one week from the date of the warrant, and if necessary by the use of force, the premises named in the warrant, and to search it and seize anything found thereon appearing to be evidence relating to an offence under this Act.
(3) A member of the Garda Síochána acting in accordance with a warrant issued under this section may require any person found on premises to which the warrant relates to furnish the said member with his or her name and address.
(4) Any person who obstructs or attempts to obstruct any member of the Garda Síochána acting in accordance with a warrant issued under this section or who fails or refuses to comply with a requirement under this section shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both.
(5) A member of the Garda Síochána may arrest without warrant any person whom he or she suspects of committing or having committed an offence under this section.
Annotations:
Editorial Notes:
E2
A fine of £1,500 converted (1.01.1999) to €1,904.61. This translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(2) and table ref. no. 2, S.I. No. 662 of 2010.
Short title.
11. —This Act may be cited as the Sexual Offences (Jurisdiction) Act, 1996.
SCHEDULE
Section 2 .
F3[1. Criminal Law (Sexual Offences) Act 2006.]
F5[2. Section 6 (inserted by section 2 of the Criminal Law (Sexual Offences) (Amendment) Act 2007) of the Criminal Law (Sexual Offences) Act 1993.]
3. Section 2 of the Criminal Law (Rape) Act, 1981.
4. Section 2 of the Criminal Law (Rape) (Amendment) Act, 1990.
5. Section 3 of the Criminal Law (Rape) (Amendment) Act, 1990.
6. Section 4 of the Criminal Law (Rape) (Amendment) Act, 1990.
7. F4[…]
8. F4[…]
9. Section 5 of the Criminal Law (Sexual Offences) Act, 1993.
F6[10. Section 3 of the Child Trafficking and Pornography Act, 1998.]
F6[11. Section 4 of the Child Trafficking and Pornography Act, 1998.]
F7[12. Section 5 of the Child Trafficking and Pornography Act 1998.]
F7[13. Section 5A(4) of the Child Trafficking and Pornography Act 1998.]
F7[14. Section 6 of the Child Trafficking and Pornography Act 1998.]
F7[15. Section 5 of the Criminal Law (Sexual Offences) Act 2017.]
F7[16. Section 6 of the Criminal Law (Sexual Offences) Act 2017.]
F7[17. Section 7 of the Criminal Law (Sexual Offences) Act 2017.]
F7[18. Section 8 of the Criminal Law (Sexual Offences) Act 2017.]
F7[19. Section 21 of the Criminal Law (Sexual Offences) Act 2017.]
F7[20. Section 22 of the Criminal Law (Sexual Offences) Act 2017.]
Annotations:
Amendments:
F3
Substituted (2.06.2006) by Criminal Law (Sexual Offences) Act 2006 (15/2006), s. 7(3)(a), commenced on enactment.
F4
Deleted (2.06.2006) by Criminal Law (Sexual Offences) Act 2006 (15/2006), s. 7(3)(b), commenced on enactment.
F5
Inserted (7.03.2007) by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007), s. 4(2), commenced on enactment.
F6
Inserted (29.07.1998) by Child Trafficking and Pornography Act 1998 (22/1998), s. 11, commenced as per s. 1(2).
F7
Inserted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 41(c), S.I. No. 112 of 2017.
Editorial Notes:
E3
Previous affecting provision: para. 2 deleted (2.06.2006) by Criminal Law (Sexual Offences) Act 2006 (15/2006), s. 7(3)(b), commenced on enactment.
Acts Referred to
Criminal Law (Rape) Act, 1981
1981, No. 10
Criminal Law (Rape) (Amendment) Act, 1990
1990, No. 32
Criminal Law (Sexual Offences) Act, 1993
1993, No. 20
Child Trafficking and Pornography Act, 1998
1998, No. 22
Criminal Law (Sexual Offences) Act, 2006
2006, No. 15
Criminal Law (Sexual Offences) Act, 2017
2017, No. 2
CRIMINAL LAW (SEXUAL OFFENCES) ACT 2006
REVISED
Updated to 22 December 2022
Updated to 22 December 2022
AN ACT TO PROVIDE FOR OFFENCES IN RELATION TO THE COMMISSION OF SEXUAL ACTS WITH CHILDREN UNDER THE AGE OF 17 YEARS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
[2nd June, 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Editorial Notes:
E1
Offences under Act included in definition of “sexual offence” in Criminal Evidence Act 1992 (12/1992), s. 2, (7.06.2008) by Criminal Law (Human Trafficking) Act 2008 (8/2008), s. 12(a)(ii), commenced as per s. 15(2).
E2
Entitlement of complainant to free legal advice in a prosecution for an offence under Act provided by Civil Legal Aid Act 1995 (32/1995), s. 26(3)(b), as amended (7.03.2007) by Criminal Law (Sexual Offences)(Amendment) Act 2007 (6/2007), s. 3(4), commenced on enactment, and subsequently amended (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 78(b), S.I. No. 274 of 2008.
Definitions.
1.— In this Act—
“Act of 1981” means the Criminal Law (Rape) Act 1981;
“Act of 1990” means the Criminal Law (Rape) (Amendment) Act 1990;
F1[“foster parent” means a person other than a relative of a child who is caring for the child on behalf of the Child and Family Agency in accordance with regulations made under the Child Care Act 1991;]
F2[“person in authority”, in relation to a child against whom an offence is alleged to have been committed, means—
(a) a parent, grandparent, uncle or aunt whether of the whole blood, of the half blood or by affinity of the child,
(b) a current or former guardian or foster parent of the child,
(c) a current or former step-parent of the child,
(d) a current or former partner of a parent of the child who lives or has lived in an enduring family relationship with the parent,
(e) any person who is for the time being, or has been, in loco parentis to the child, or
(f) any other person who is or has been responsible for the education, supervision, training, care or welfare of the child;]
“sexual act” means—
(a) an act consisting of—
(i) sexual intercourse, or
(ii) buggery,
between persons who are not married to each other, or
(b) an act described in section 3(1) or 4(1) of the Act of 1990;
“sexual intercourse” shall be construed in accordance with section 1(2) of the Act of 1981.
Annotations
Amendments:
F1
Inserted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 15(b), S.I. No. 112 of 2017.
F2
Substituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 15(a), S.I. No. 112 of 2017.
Defilement of child under 15 years of age
F3[2. (1) A person who engages in a sexual act with a child who is under the age of 15 years shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.
(2) A person who attempts to engage in a sexual act with a child who is under the age of 15 years shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.
(3) It shall be 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.
(4) Where, in proceedings for an offence under this section, 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.
(5) The standard of proof required to prove that the defendant was reasonably mistaken that the child had attained the age of 15 years shall be that applicable to civil proceedings.
(6) It shall not be a defence to proceedings for an offence under this section 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.]
Annotations
Amendments:
F3
Substituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 16, S.I. No. 112 of 2017.
Modifications (not altering text):
C1
Application of section extended (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 42, S.I. No. 112 of 2017.
Jurisdiction
42. (1) Where a person who is an Irish citizen or ordinarily resident in the State does an act against a child in a place other than the State that, if done in the State, would constitute rape, sexual assault, an offence under section 4A, 5(1)(a) or 5A(1) of the Act of 1998, or an offence under section 2, 3 or 3A of the Act of 2006, he or she shall be guilty of that offence.
(2) Where a person conspires with, or incites, in the State, another person to do an act against a child in a place other than the State that, if done in the State, would constitute rape, sexual assault, an offence under section 4A, 5(1)(a) or 5A(1) of the Act of 1998, or an offence under section 2, 3 or 3A of the Act of 2006, he or she shall be guilty of an offence.
(3) Where a person who is an Irish citizen or ordinarily resident in the State conspires with, or incites, in a place other than the State, another person to do an act against a child in a place other than the State that, if done in the State, would constitute rape, sexual assault, an offence under section 4A, 5(1)(a) or 5A(1) of the Act of 1998, or an offence under section 2, 3 or 3A of the Act of 2006, he or she shall be guilty of an offence.
(4) Where a person attempts to commit an offence under subsection (2) or (3), he or she shall be guilty of an offence.
(5) A person found guilty of an offence under this section shall be liable on conviction to the penalty to which he or she would have been liable had the act that constituted the offence been done in the State.
(6) For the purposes of this section a person shall be deemed to be ordinarily resident in the State if—
(a) he or she has had his or her principal residence in the State for the period of 12 months immediately preceding the alleged commission of the offence,
(b) it is a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act, or
(c) in the case of any other body corporate, it is established under the law of the State.
Editorial Notes:
E3
Offence under section is a serious crime for purposes of European Union (Passenger Name Record Data) Regulations 2018 as provided (25.05.2018) by European Union (Passenger Name Record Data) Regulations 2018 (S.I. No. 177 of 2018), reg. 2 and sch. 2(2), in effect as per reg. 1(2).
E4
Offence under section is a relevant offence which is an extended confiscation offence as provided by Criminal Justice Act 1994 (15/1994), s. 3 and sch. 1A part 2 as inserted (28.11.2017) by European Union (Freezing and Confiscation of Instrumentalities and Proceeds of Crime) Regulations 2017 (S.I. No. 540 of 2017), reg. 18.
E5
Offence under section included in definition of “sexual abuse” for purposes of Children First Act 2015 (11.12.2015) by Children First Act 2015 (36/2015), s. 2 and sch. 3 item 8, S.I. No. 555 of 2015.
E6
Offence under section included in definition of “specified offence” for purposes of Taxi Regulation Act 2013 (37/2013) (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 30 and sch. part 1 item 11, S.I. No. 163 of 2014.
E7
Offence under section included in sch. 1 (offences against children for purposes of offence under s. 2) to Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012) (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), s. 2 and sch. 1, S.I. No. 281 of 2012.
E8
Offence under section included in definition of “relevant offence” for purposes of Criminal Procedure Act 2010 (27/2010), part 3, (1.09.2010) by Criminal Procedure Act 2010 (27/2010), s. 7 and sch., S.I. No. 414 of 2010.
E9
Previous affecting provision: application of section extended (7.03.2007) by Criminal Law (Sexual Offences) Act 1993 (20/1993), s. 6; as substituted (2.06.2007) by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007), s. 2, commenced on enactment; substituted as per F-note above.
Defilement of child under 17 years of age
F4[3. (1) A person who engages in a sexual act with a child who is under the age of 17 years shall be guilty of an offence and shall be liable on conviction on indictment—
(a) to imprisonment for a term not exceeding 7 years, or
(b) if he or she is a person in authority, to imprisonment for a term not exceeding 15 years.
(2) A person who attempts to engage in a sexual act with a child who is under the age of 17 years shall be guilty of an offence and shall be liable on conviction on indictment—
(a) to imprisonment for a term not exceeding 7 years, or
(b) if he or she is a person in authority, to imprisonment for a term not exceeding 15 years.
(3) It shall be 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 17 years.
(4) Where, in proceedings for an offence under this section, 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 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.
(5) The standard of proof required to prove that the defendant was reasonably mistaken that the child had attained the age of 17 years shall be that applicable to civil proceedings.
(6) Subject to subsection (8), it shall not be a defence to proceedings for an offence under this section 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.
(7) No proceedings for an offence under this section against a child under the age of 17 years shall be brought except by, or with the consent of, the Director of Public Prosecutions.
(8) Where, in proceedings for an offence under this section 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 shall be a defence that the child consented to the sexual act of which the offence consisted where the defendant—
(a) is younger or less than 2 years older than the child,
(b) was not, at the time of the alleged commission of the offence, a person in authority in respect of the child, and
(c) 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.]
Annotations
Amendments:
F4
Substituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 17, S.I. No. 112 of 2017.
Modifications (not altering text):
C2
Application of section extended (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 42, S.I. No. 112 of 2017.
Jurisdiction
42. (1) Where a person who is an Irish citizen or ordinarily resident in the State does an act against a child in a place other than the State that, if done in the State, would constitute rape, sexual assault, an offence under section 4A, 5(1)(a) or 5A(1) of the Act of 1998, or an offence under section 2, 3 or 3A of the Act of 2006, he or she shall be guilty of that offence.
(2) Where a person conspires with, or incites, in the State, another person to do an act against a child in a place other than the State that, if done in the State, would constitute rape, sexual assault, an offence under section 4A, 5(1)(a) or 5A(1) of the Act of 1998, or an offence under section 2, 3 or 3A of the Act of 2006, he or she shall be guilty of an offence.
(3) Where a person who is an Irish citizen or ordinarily resident in the State conspires with, or incites, in a place other than the State, another person to do an act against a child in a place other than the State that, if done in the State, would constitute rape, sexual assault, an offence under section 4A, 5(1)(a) or 5A(1) of the Act of 1998, or an offence under section 2, 3 or 3A of the Act of 2006, he or she shall be guilty of an offence.
(4) Where a person attempts to commit an offence under subsection (2) or (3), he or she shall be guilty of an offence.
(5) A person found guilty of an offence under this section shall be liable on conviction to the penalty to which he or she would have been liable had the act that constituted the offence been done in the State.
(6) For the purposes of this section a person shall be deemed to be ordinarily resident in the State if—
(a) he or she has had his or her principal residence in the State for the period of 12 months immediately preceding the alleged commission of the offence,
(b) it is a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act, or
(c) in the case of any other body corporate, it is established under the law of the State.
Editorial Notes:
E10
Offence under section is a serious crime for purposes of European Union (Passenger Name Record Data) Regulations 2018 as provided (25.05.2018) by European Union (Passenger Name Record Data) Regulations 2018 (S.I. No. 177 of 2018), reg. 2 and sch. 2(2), in effect as per reg. 1(2).
E11
Offence under section is a relevant offence which is not an extended confiscation offence as provided by Criminal Justice Act 1994 (15/1994), s. 3 and sch. 1A part 1 as inserted (28.11.2017) by European Union (Freezing and Confiscation of Instrumentalities and Proceeds of Crime) Regulations 2017 (S.I. No. 540 of 2017), reg. 18.
E12
Offence under section included in definition of “sexual abuse” for purposes of Children First Act 2015 (11.12.2015) by Children First Act 2015 (36/2015), s. 2 and sch. 3 item 9, S.I. No. 555 of 2015.
E13
Offence under section included in definition of “specified offence” for purposes of Taxi Regulation Act 2013 (37/2013) (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 30 and sch. part 2 item 7, S.I. No. 163 of 2014.
E14
Offence under section included in sch. 1 (offences against children for purposes of offence under s. 2) to Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012) (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), s. 2 and sch. 1, S.I. No. 281 of 2012.
E15
Previous affecting provision: application of section extended (7.03.2007) by Criminal Law (Sexual Offences) Act 1993 (20/1993), s. 6; substituted by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007), s. 2, commenced on enactment; substituted as per F-note above.
E16
Previous affecting provision: section amended (7.03.2007) by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007), s. 5(1), commenced on enactment; substituted as per F-note above.
F5[
Offence by person in authority
3A. (1) A person in authority who engages in a sexual act with a child who has attained the age of 17 years but is under the age of 18 years shall be guilty of an offence.
(2) A person who attempts to commit an offence under subsection (1) shall be guilty of an offence.
(3) It shall be 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 18 years.
(4) Where, in proceedings for an offence under this section, 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 18 years, the court shall consider whether, in all the circumstances of the case, a reasonable person would have concluded that the child had attained that age.
(5) The standard of proof required to prove that the defendant was reasonably mistaken that the child had attained the age of 18 years shall be that applicable to civil proceedings.
(6) It shall be a defence to proceedings for an offence under this section for the defendant to prove that he or she has reasonable grounds for believing that he or she was not a person in authority in relation to the child against whom the offence is alleged to have been committed.
(7) It shall not be a defence to proceedings for an offence under this section 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.
(8) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.]
Annotations
Amendments:
F5
Inserted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 18, S.I. No. 112 of 2017.
Modifications (not altering text):
C3
Application of section extended (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 42, S.I. No. 112 of 2017.
Jurisdiction
42. (1) Where a person who is an Irish citizen or ordinarily resident in the State does an act against a child in a place other than the State that, if done in the State, would constitute rape, sexual assault, an offence under section 4A, 5(1)(a) or 5A(1) of the Act of 1998, or an offence under section 2, 3 or 3A of the Act of 2006, he or she shall be guilty of that offence.
(2) Where a person conspires with, or incites, in the State, another person to do an act against a child in a place other than the State that, if done in the State, would constitute rape, sexual assault, an offence under section 4A, 5(1)(a) or 5A(1) of the Act of 1998, or an offence under section 2, 3 or 3A of the Act of 2006, he or she shall be guilty of an offence.
(3) Where a person who is an Irish citizen or ordinarily resident in the State conspires with, or incites, in a place other than the State, another person to do an act against a child in a place other than the State that, if done in the State, would constitute rape, sexual assault, an offence under section 4A, 5(1)(a) or 5A(1) of the Act of 1998, or an offence under section 2, 3 or 3A of the Act of 2006, he or she shall be guilty of an offence.
(4) Where a person attempts to commit an offence under subsection (2) or (3), he or she shall be guilty of an offence.
(5) A person found guilty of an offence under this section shall be liable on conviction to the penalty to which he or she would have been liable had the act that constituted the offence been done in the State.
(6) For the purposes of this section a person shall be deemed to be ordinarily resident in the State if—
(a) he or she has had his or her principal residence in the State for the period of 12 months immediately preceding the alleged commission of the offence,
(b) it is a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act, or
(c) in the case of any other body corporate, it is established under the law of the State.
Editorial Notes:
E17
Offence under section is a relevant offence which is an extended confiscation offence as provided by Criminal Justice Act 1994 (15/1994), s. 3 and sch. 1A part 2 as inserted (28.11.2017) by European Union (Freezing and Confiscation of Instrumentalities and Proceeds of Crime) Regulations 2017 (S.I. No. 540 of 2017), reg. 18.
E18
The section heading is taken from the amending section in the absence of one included in the amendment.
Summary trial of offences.
4.— (1) The District Court may try summarily a person charged with an offence under section 2 (2) or 3 (2) if—
(a) the court is of opinion that the facts alleged constitute a minor offence fit to be tried summarily,
(b) the accused, on being informed by the court of his or her right to be tried with a jury, does not object to being tried summarily for the offence, and
(c) the Director of Public Prosecutions consents to the accused being tried summarily for the offence.
(2) Upon conviction of a person by the District Court of an offence under this section, the person shall be liable to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months or to both.
Female child under 17 years of age not guilty of offence.
5.— A female child under the age of 17 years shall not be guilty of an offence under this Act by reason only of her engaging in an act of sexual intercourse.
Application of certain enactments.
6.— (1) Sections 3 and 4 of the Act of 1981 shall apply in relation to an offence under this Act subject to the modification that references in those sections to “sexual assault offence” shall be construed as including references to an offence under this Act.
F6[(1A) References in section 3 of the Act of 1981 to jury shall, in the case of summary proceedings for an offence under this Act, be construed as references to court.]
(2) Section 4A of the Act of 1981 is amended, in subsection (6), by the insertion after “rape offence” of “, an offence under the Criminal Law (Sexual Offences) Act 2006”.
(3) Sections 6, 7 and 8 of the Act of 1981 shall apply in relation to an offence under this Act subject to the modification that references in those sections to—
(a) “sexual assault offence” shall be construed as including references to an offence under this Act, and
(b) “rape offence” shall be construed as including references to an offence under this Act.
Annotations
Amendments:
F6
Inserted (7.03.2007) by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007), s. 5(2), commenced on enactment.
Amendment of certain enactments.
7.— (1) Section 8 of the Act of 1990 is amended—
(a) in subsection (2), by the substitution of “section 2 or 3 of the Criminal Law (Sexual Offences) Act 2006” for “section 1 or 2 of the Criminal Law Amendment Act 1935”, and
(b) in subsection (5), by—
(i) the substitution of “section 2 of the Criminal Law (Sexual Offences) Act 2006” for “section 1 of the Criminal Law Amendment Act 1935”,
(ii) the substitution of “section 3 of the Criminal Law (Sexual Offences) Act 2006” for “section 2 of the Criminal Law Amendment Act 1935”, and
(iii) the substitution of “the said section 3 or section 3 of the Criminal Law (Sexual Offences) Act 2006,” for “the said section 2 or 3”.
(2) Section 2 of the Criminal Evidence Act 1992 is amended, in the definition of “sexual offence”, by the substitution of the following paragraph for paragraph (iv):
“(iv) the Criminal Law (Sexual Offences) Act 2006 or section 5 of the Criminal Law (Sexual Offences) Act 1993;”.
(3) The Schedule to the Sexual Offences (Jurisdiction) Act 1996 is amended by—
(a) the substitution of the following paragraph for paragraph 1:
“1. Criminal Law (Sexual Offences) Act 2006.”,
and
(b) the deletion of paragraphs 2, 7 and 8.
(4) The Schedule to the Bail Act 1997 is amended by the substitution of the following paragraph for paragraph 10:
“10. An offence under the Criminal Law (Sexual Offences) Act 2006.”.
(5) The Schedule to the Sex Offenders Act 2001 is amended by—
(a) the substitution of the following paragraph for paragraph 7:
“7. An offence under the Criminal Law (Sexual Offences) Act 2006.”,
and
(b) the deletion of paragraph 8.
(6) Schedule 1 to the Children Act 2001 is amended by the substitution of the following paragraph for paragraph 4:
“4. Any offence under the Criminal Law (Sexual Offences) Act 2006.”.
Repeals.
8.— The enactments specified in the Schedule are repealed to the extent specified in column (3) thereof.
Short title.
9.— This Act may be cited as the Criminal Law (Sexual Offences) Act 2006.
SCHEDULE
Enactments Repealed
Number and Year
Short title
Extent of Repeal
(1)
(2)
(3)
No. 6 of 1935
Criminal Law Amendment Act 1935
Sections 1(2) and 2
No. 20 of 1993
Criminal Law (Sexual Offences) Act 1993
Sections 3 and 4
CRIMINAL LAW (SEXUAL OFFENCES) (AMENDMENT) ACT 2007
AN ACT TO AMEND THE CRIMINAL LAW (SEXUAL OFFENCES) ACT 1993, THE CHILD TRAFFICKING AND PORNOGRAPHY ACT 1998 AND THE CRIMINAL LAW (SEXUAL OFFENCES) ACT 2006; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
[7th March, 2007]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definitions.
1.— In this Act—
“ Act of 1981 ” means Criminal Law (Rape) Act 1981;
“Act of 1990” means the Criminal Law (Rape) (Amendment) Act 1990 ;
“ Act of 1993 ” means the Criminal Law (Sexual Offences) Act 1993 ;
“ Act of 2006 ” means the Criminal Law (Sexual Offences) Act 2006 .
Soliciting or importuning for purposes of commission of sexual offence.
2.— The Act of 1993 is amended by the substitution of the following section for section 6 (inserted by section 250 of the Children Act 2001 ):
“6.— (1) A person who solicits or importunes a child (whether or not for the purposes of prostitution) for the purposes of the commission of an act that would constitute an offence—
(a) under section 2 or 3 of the Criminal Law (Sexual Offences) Act 2006 , or
(b) referred to in section 2 of the Act of 1990,
shall be guilty of an offence.
(2) A person who solicits or importunes a person who is mentally impaired (whether or not for the purposes of prostitution) for the purposes of the commission of an act that would constitute an offence—
(a) under section 5 of this Act, or
(b) referred to in section 2 of the Act of 1990,
shall be guilty of an offence.
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 12 months, or to both, or
(b) on conviction on indictment to a fine, or imprisonment for a term not exceeding 5 years, or to both.
(4) In this section—
‘Act of 1990’ means the Criminal Law (Rape) (Amendment) Act 1990 ;
‘ child ’ means a person under the age of 17 years;
‘ mentally impaired ’ has the same meaning as it has in section 5 of this Act.”.
Application of certain enactments.
3.— (1) Section 4A of the Act of 1981 is amended, in subsection (6), by the insertion after “an offence under the Criminal Law (Sexual Offences) Act 2006 ” (inserted by section 6(2) of the Act of 2006) of “an offence under section 6 of the Criminal Law (Sexual Offences) Act 1993 ”.
(2) References in section 3 of the Act of 1981 to jury shall, in the case of summary proceedings for an offence under section 6 (inserted by section 2 ), be construed as references to court.
(3) Sections 3, 4, 6, 7 and 8 of the Act of 1981 shall apply to an offence under section 6 of the Act of 1993 subject to the modification that references in any of those sections to—
(a) sexual assault offence shall be construed as including references to an offence under section 6 of the Act of 1993, and
(b) rape offence shall be construed as including references to an offence under section 6 of the Act of 1993.
(4) Section 26 of the Civil Legal Aid Act 1995 is amended, in subsection (3)(b), by the substitution of “an offence under section 6 (inserted by section 2 of the Criminal Law (Sexual Offences)(Amendment) Act 2007) of the Criminal Law (Sexual Offences) Act 1993 , or of an offence under the Criminal Law (Sexual Offences) Act 2006 ” for “unlawful carnal knowledge under section 1 or 2 of the Criminal Law Amendment Act, 1935 ”.
Amendment of certain enactments.
4.— (1) Section 2 of the Criminal Evidence Act 1992 is amended, in the definition of “sexual offence”, by the insertion of the following paragraph:
“(aa) section 6 (inserted by section 2 of the Criminal Law (Sexual Offences) (Amendment) Act 2007) of the Criminal Law (Sexual Offences) Act 1993 ;”.
(2) The Schedule to the Sexual Offences (Jurisdiction) Act 1996 is amended by the insertion of the following paragraph:
“2. Section 6 (inserted by section 2 of the Criminal Law (Sexual Offences) (Amendment) Act 2007) of the Criminal Law (Sexual Offences) Act 1993 .”.
(3) The Schedule to the Bail Act 1997 is amended by the insertion of the following paragraph:
“12B. An offence under section 6 (inserted by section 2 of the Criminal Law (Sexual Offences) (Amendment) Act 2007) of the Criminal Law (Sexual Offences) Act 1993 .”.
(4) The Schedule to the Sex Offenders Act 2001 is amended by the insertion of the following paragraph:
“21. An offence under section 6 (inserted by section 2 of the Criminal Law (Sexual Offences) (Amendment) Act 2007) of the Criminal Law (Sexual Offences) Act 1993 .”.
Amendment of Act of 2006.
5.— (1) Section 3 of the Act of 2006 is amended—
(a) in paragraph (a) of subsection (2), by the substitution of “5 years” for “2 years”,
(b) in paragraph (b) of subsection (2), by the substitution of “10 years” for “4 years”,
(c) in paragraph (a) of subsection (4), by the substitution of “10 years” for “4 years”, and
(d) in paragraph (b) of subsection (4), by the substitution of “15 years” for “7 years”.
(2) Section 6 of the Act of 2006 is amended by the insertion of the following subsection:
“(1A) References in section 3 of the Act of 1981 to jury shall, in the case of summary proceedings for an offence under this Act, be construed as references to court.”.
Meeting child for purpose of sexual exploitation.
6.— Section 3 of the Child Trafficking and Pornography Act 1998 is amended by—
(a) the insertion of the following subsections:
“(2A) Any person who within the State—
(a) intentionally meets, or travels with the intention of meeting, a child, having met or communicated with that child on 2 or more previous occasions, and
(b) does so for the purpose of doing anything that would constitute sexual exploitation of the child,
shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years.
(2B) Any person, being a citizen of the State or being ordinarily resident in the State, who outside the State—
(a) intentionally meets, or travels with the intention of meeting, a child, having met or communicated with that child on 2 or more previous occasions, and
(b) does so for the purpose of doing anything that would constitute sexual exploitation of the child,
shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years.”,
and
(b) the substitution of the following subsection for subsection (3):
“(3) In this section ‘ sexual exploitation ’ means, in relation to a child—
(a) inviting, inducing or coercing the child to engage in prostitution or the production of child pornography,
(b) using the child for prostitution or the production of child pornography,
(c) inviting, inducing or coercing the child to participate in any sexual activity which is an offence under any enactment,
(d) the commission of any such offence against the child, or
(e) inviting, inducing or coercing the child to participate in or observe any activity of a sexual or indecent nature.”.
Short title.
7.— This Act may be cited as the Criminal Law (Sexual Offences) (Amendment) Act 2007 .
CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017
REVISED
Updated to 3 May 2023
An Act to give effect to Directive No. 2011/93/EU of the European Parliament and of the Council of 13 December 20111 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, for that purpose to amend certain enactments; to amend the Punishment of Incest Act 1908; to amend the Criminal Evidence Act 1992; to repeal certain provisions of the Criminal Law (Sexual Offences) Act 1993; to repeal the Criminal Law (Incest Proceedings) Act 1995; to amend the Criminal Law (Sexual Offences) Act 2006; to provide for offences relating to sexual acts with protected persons and relating to payment for sexual activity with prostitutes, offensive conduct of a sexual nature and harassment of victims of sexual offences; and to provide for related matters.
[22nd February, 2017]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title and commencement
1. (1) This Act may be cited as the Criminal Law (Sexual Offences) Act 2017.
(2) This Act shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders whether generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
Annotations
Editorial Notes:
E1
Power pursuant to section exercised (2.09.2019) by Criminal Law (Sexual Offences) Act 2017 (Part 5) (Commencement) Order 2019 (S.I. No. 434 of 2019). Part 5 contains ss. 28-32.
2. The 2nd day of September 2019 is appointed as the day on which Part 5 of the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017) shall come into operation.
E2
Power pursuant to subs. (2) exercised (30.05.2018) by Criminal Law (Sexual Offences) Act 2017 (Commencement) (No. 2) Order 2018 (S.I. No. 172 of 2018).
2. The 30th day of May 2018 is appointed as the day on which the following provisions of the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017) shall come into operation:
(a) section 33;
(b) section 34;
(c) section 35;
(d) section 36 insofar as it inserts section 14C in the Criminal Evidence Act 1992 (no. 12 of 1992);
(e) section 37;
(f) section 39;
(g) section 40.
E3
Power pursuant to subs. (2) exercised (26.02.2018) by Criminal Law (Sexual Offences) Act 2017 (Commencement) Order 2018 (S.I. No. 45 of 2018).
2. The 26th day of February 2018 is appointed as the day on which sections 46, 47, and 51(b) of the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017) shall come into operation.
E4
Power pursuant to subs. (2) exercised (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (Commencement) Order 2017 (S.I. No. 112 of 2017).
2. The 27th day of March 2017 is appointed as the day on which Parts 1, 2, 3, 4, 7 and 8 (other than sections 46, 47, 51(b) and 52) of the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017) shall come into operation.
Interpretation
2. In this Act—
“Act of 1908” means the Punishment of Incest Act 1908;
“Act of 1981” means the Criminal Law (Rape) Act 1981;
“Act of 1990” means the Criminal Law (Rape) (Amendment) Act 1990;
“Act of 1992” means the Criminal Evidence Act 1992;
“Act of 1993” means the Criminal Law (Sexual Offences) Act 1993;
“Act of 1995” means the Criminal Law (Incest Proceedings) Act 1995;
“Act of 1998” means the Child Trafficking and Pornography Act 1998;
“Act of 2001” means the Sex Offenders Act 2001;
“Act of 2006” means the Criminal Law (Sexual Offences) Act 2006;
“Act of 2008” means the Criminal Law (Human Trafficking) Act 2008;
“image” means any photographic, film or video representation or any other form of visual representation, and any accompanying sound or any documents;
“sexual activity” means any activity where a reasonable person would consider that—
(a) whatever its circumstances or the purpose of any person in relation to it, the activity is because of its nature sexual, or
(b) 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;
“sexual exploitation” means, in relation to a child—
(a) inviting, inducing or coercing the child to engage in prostitution or the production of child pornography,
(b) the prostitution of the child or the use of the child for the production of child pornography,
(c) 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,
(d) inducing or coercing the child to engage or participate in any sexual, indecent or obscene act,
(e) 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
(f) inviting, inducing or coercing the child to observe any sexual, indecent or obscene act, for the purpose of corrupting or depraving the child.
PART 5
Incest
Incest by males
28. The Act of 1908 is amended by the substitution of the following section for section 1:
“1. (1) Any male person who has carnal knowledge of a female person, who is to his knowledge his grand-daughter, daughter, sister or mother, shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.
(2) It shall not be a defence to proceedings for an offence under this section for the defendant to show that the carnal knowledge was had with the consent of the female person.”.
Exclusion of public from hearings of proceedings under Act of 1908
29. (1) In any proceedings for an offence under the Act of 1908, the judge or the court, as the case may be, shall exclude from the court during the hearing all persons except officers of the court, persons directly concerned in the proceedings, bona fide representatives of the press and such other persons (if any) as the judge or the court, as the case may be, may, in his, her or its discretion, permit to remain.
(2) In any proceedings to which subsection (1) applies the verdict or decision and the sentence (if any) shall be announced in public.
Anonymity of person charged with offence under Act of 1908 and person to whom offence relates
30. (1) Subject to subsection (4), after a person is charged with an offence under the Act of 1908 no matter likely to lead members of the public to identify that person as the person charged or to identify any other person as a person in relation to whom the offence is alleged to have been committed shall be published in a publication available to the public or broadcast.
(2) If any matter is published or broadcast in contravention of subsection (1), the following persons shall be guilty of an offence namely:
(a) in the case of matter published in a newspaper or periodical publication, the proprietor, the editor and the publisher thereof;
(b) in the case of matter published in any other publication, the publisher thereof; and
(c) in the case of matter broadcast, any person who transmits or provides the programme in which the broadcast is made and any person who performs functions in relation to the programme corresponding to those of the editor of a newspaper.
(3) Nothing in this section shall be construed as—
(a) prohibiting the publication or broadcast of matter consisting only of a report of legal proceedings other than proceedings at, or intended to lead to, or an appeal arising out of, a trial of a person for an offence under the Act of 1908, or
(b) affecting any prohibition or restriction imposed by virtue of any other enactment upon the publication or broadcasting of any matter.
(4) Notwithstanding the provisions of subsection (1), where a person is charged with both an offence under the Act of 1908 and a sexual assault offence and the charge relating to an offence under the Act of 1908 is not proceeded with or the person is acquitted of the charge under the Act of 1908 and no appeal is taken under section 23 of the Criminal Procedure Act 2010, the provisions of sections 7 and 8 of the Act of 1981 shall apply as if the charge under the Act of 1908 had not been brought.
(5) In this section—
“a sexual assault offence” has the meaning assigned to it by section 1(1) of the Act of 1981 (amended by section 12 of the Act of 1990);
“broadcast” means the transmission, relaying or distribution by wireless telegraphy or by any other means or by wireless telegraphy in conjunction with any other means of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not;
“published” means published to any person, and includes published on the internet;
“publication” includes a film, sound track or any other record in permanent form (including a record that is not in a legible form but which is capable of being reproduced in a legible form) but does not include an indictment or other document prepared for use in particular legal proceedings.
Provisions in relation to offences under section 30
31. (1) A person guilty of an offence under section 30 shall be liable—
(a) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 3 years or both.
(2) It shall be a defence for a person who is charged with an offence under section 30 to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had reason to suspect, that the matter alleged to have been published or broadcast was a matter specified in the said section 30.
Annotations:
Editorial Notes:
E5
A class B fine means a fine not greater than €4,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(1), S.I. No. 662 of 2010.
Repeal
32. The Criminal Law (Incest Proceedings) Act 1995 is repealed.
PART 8
Miscellaneous
Exposure, offensive conduct of sexual nature
45. (1) A person who exposes his or her genitals intending to cause fear, distress or alarm to another person is guilty of an offence.
(2) A person who, in a public place, engages in—
(a) sexual intercourse,
(b) an act of buggery, or
(c) an act of masturbation,
is guilty of an offence.
(3) A person who intentionally engages in offensive conduct of a sexual nature is guilty of an offence.
(4) Where a member of the Garda Síochána, with reasonable cause, suspects that a person is committing or has committed an offence under this section, the member may arrest such person without warrant.
(5) A person found guilty of an offence under this section shall be liable—
(a) on summary conviction, to a class D fine or imprisonment for a term not exceeding 6 months, or both, or
(b) on conviction on indictment, to a class C fine or imprisonment for a term not exceeding 2 years, or both.
(6) In this section—
“offensive conduct of a sexual nature” means any behaviour of a sexual nature which, having regard to all the circumstances, is likely to cause fear, distress or alarm to any person who is, or might reasonably be expected to be, aware of any such behaviour;
“public place” means any place to which the public have access whether as of right or by permission and whether subject to or free of charge;
“sexual intercourse” shall be construed in accordance with section 1(2) of the Criminal Law (Rape) Act 1981.
Annotations:
Editorial Notes:
E6
A class D fine means a fine not greater than €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(1), S.I. No. 662 of 2010.
A class C fine means a fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(1), S.I. No. 662 of 2010.
Harassment order
46. (1) On application made in accordance with this section, a court may—
(a) when imposing a sentence of imprisonment on a person convicted of a sexual offence (referred to in this section as the “respondent”), or
(b) at any time before the date of the respondent’s release from prison,
in addition to whatever sentence it may impose or, as the case may be, has been imposed on the person, make an order (in this section referred to as a “harassment order”) under this section.
(2) An application for a harassment order may be made by a member of the Garda Síochána not below the rank of Inspector, by a probation officer or by the victim of the offence (referred to in this section as the “applicant”) and shall be made on notice to the respondent.
(3) An application under subsection (1)(b) shall be made to the District Court.
(4) A court may only make a harassment order under subsection (1) where it is satisfied that the respondent has, without reasonable excuse, behaved in such a way as to give rise to a well-founded fear that the victim may be subjected to—
(a) harassment by the respondent, or
(b) unwanted contact from the respondent,
such as would cause him or her fear, distress or alarm or amount to intimidation and it is in the interests of justice to do so.
(5) An order under this section may prohibit the respondent from—
(a) communicating by any means with the victim, and
(b) approaching within such distance as the court shall specify of the place of residence or employment of the victim or any other place frequented by the victim as the court deems appropriate,
and shall be subject to such terms and conditions as the court may specify.
(6) A harassment order may contain only such prohibitions, referred to in subsection (5), on the respondent as the court considers necessary for the purpose of protecting the victim from harassment by the respondent.
(7) A harassment order shall cease to have effect on—
(a) the date of the respondent’s release from prison,
(b) such earlier date as the court may specify, or
(c) the expiration of such period not exceeding 12 months from the date of the respondent’s release as the court may specify.
(8) Where an order under this section is in force, the court, on application to it in that behalf at any time by either the applicant for the order or the respondent in respect of whom that order was made, may, having regard to the matters set out in subsection (4), discharge or, as may be appropriate, vary the order.
(9) A harassment order shall take effect on notification of its making being given to the respondent.
(10) Oral communication to the respondent by or on behalf of the applicant of the fact that a harassment order has been made, together with production of a copy of the order, shall, without prejudice to the sufficiency of any other form of notification, be taken to be sufficient notification to the respondent of the making of the order.
(11) If the respondent is present at the sitting of the court at which the harassment order is made, he or she shall be taken for the purposes of subsection (9) to have been notified of its making.
(12) An order varying a harassment order shall take effect on notification of its making being given to the respondent and for this purpose subsections (10) and (11) shall apply with any necessary modifications.
(13) A person who, without reasonable excuse, contravenes a harassment order shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
(14) Proceedings for a harassment order shall be civil proceedings and shall be heard otherwise than in public.
(15) A harassment order shall cease to have effect if the conviction concerned is quashed on appeal or otherwise.
(16) The jurisdiction conferred on the District Court under subsection (3) may be exercised by a judge of the District Court for the time being assigned to the District Court district in which the victim resides at the time the application is made.
(17) In this section—
“date of the respondent’s release from prison” means the date on which the sentence of imprisonment imposed on him or her in respect of the offence concerned expires or, as the case may be, his or her remission from the sentence begins;
“probation officer” means a person appointed by the Minister for Justice and Equality to be a probation officer;
“sentence of imprisonment” includes detention in Saint Patrick’s Institution or in a children detention school but does not include a sentence of imprisonment or detention imposed on the person the execution of the whole of which is suspended;
“sexual offence” shall be construed in accordance with section 3 of the Act of 2001.
Annotations:
Editorial Notes:
E7
A class B fine means a fine not greater than €4,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(1), S.I. No. 662 of 2010.
Effect of appeal from order
47. An appeal from an order under section 46 shall, if the court that made the order or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the court making the determination.