{"id":1185,"date":"2021-07-07T22:15:07","date_gmt":"2021-07-07T22:15:07","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1185"},"modified":"2024-03-23T09:07:26","modified_gmt":"2024-03-23T09:07:26","slug":"abuse-of-minors","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/abuse-of-minors\/","title":{"rendered":"Abuse of Minors"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/#Commission_into_Child_Abuse\" title=\"Commission into Child Abuse\">Commission into Child Abuse<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/#Commission_Report\" title=\"Commission Report\">Commission Report<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/#Residential_Institutions_Redress_Board\" title=\"Residential Institutions Redress Board\">Residential Institutions Redress Board<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/#Statutory_Rape\" title=\"Statutory Rape\">Statutory Rape<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/#Reckless_Endangerment\" title=\"Reckless Endangerment\">Reckless Endangerment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/#Incest\" title=\"Incest\">Incest<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/#Sexual_Exploitation\" title=\"Sexual Exploitation\">Sexual Exploitation<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#CRIMINAL_LAW_SEXUAL_OFFENCES_AMENDMENT_ACT_2007\" title=\"CRIMINAL LAW (SEXUAL OFFENCES) (AMENDMENT) ACT 2007\">CRIMINAL LAW (SEXUAL OFFENCES) (AMENDMENT) ACT 2007<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Definitions\" title=\"Definitions.\">Definitions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Soliciting_or_importuning_for_purposes_of_commission_of_sexual_offence\" title=\"Soliciting or importuning for purposes of commission of sexual offence.\">Soliciting or importuning for purposes of commission of sexual offence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Application_of_certain_enactments\" title=\"Application of certain enactments.\">Application of certain enactments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Amendment_of_certain_enactments\" title=\"Amendment of certain enactments.\">Amendment of certain enactments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Amendment_of_Act_of_2006\" title=\"Amendment of Act of 2006.\">Amendment of Act of 2006.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Meeting_child_for_purpose_of_sexual_exploitation\" title=\"Meeting child for purpose of sexual exploitation.\">Meeting child for purpose of sexual exploitation.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#CRIMINAL_LAW_SEXUAL_OFFENCES_ACT_2017\" title=\"CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017\">CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Interpretation\" title=\"Interpretation\">Interpretation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Sexual_Exploitation_of_Children\" title=\"Sexual Exploitation of Children\">Sexual Exploitation of Children<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Invitation_etc_to_sexual_touching\" title=\"Invitation etc. to sexual touching\">Invitation etc. to sexual touching<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Sexual_activity_in_presence_of_child\" title=\"Sexual activity in presence of child\">Sexual activity in presence of child<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Causing_child_to_watch_sexual_activity\" title=\"Causing child to watch sexual activity\">Causing child to watch sexual activity<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Meeting_child_for_purpose_of_sexual_exploitation-2\" title=\"Meeting child for purpose of sexual exploitation\">Meeting child for purpose of sexual exploitation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Use_of_information_and_communication_technology_to_facilitate_sexual_exploitation_of_child\" title=\"Use of information and communication technology to facilitate sexual exploitation of child\">Use of information and communication technology to facilitate sexual exploitation of child<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Amendment_of_section_2_of_Act_of_1998\" title=\"Amendment of section 2 of Act of 1998\">Amendment of section 2 of Act of 1998<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Amendment_of_section_3_of_Act_of_1998\" title=\"Amendment of section 3 of Act of 1998\">Amendment of section 3 of Act of 1998<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Organising_etc_child_prostitution_or_production_of_child_pornography\" title=\"Organising etc. child prostitution or production of child pornography\">Organising etc. child prostitution or production of child pornography<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Producing_distributing_etc_child_pornography\" title=\"Producing, distributing, etc. child pornography\">Producing, distributing, etc. child pornography<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Participation_of_child_in_pornographic_performance\" title=\"Participation of child in pornographic performance\">Participation of child in pornographic performance<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Possession_of_child_pornography\" title=\"Possession of child pornography\">Possession of child pornography<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Amendment_of_section_1_of_Act_of_2006\" title=\"Amendment of section 1 of Act of 2006\">Amendment of section 1 of Act of 2006<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Sexual_act_with_child_under_15_years_of_age\" title=\"Sexual act with child under 15 years of age\">Sexual act with child under 15 years of age<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Sexual_act_with_child_under_17_years_of_age\" title=\"Sexual act with child under 17 years of age\">Sexual act with child under 17 years of age<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Offence_by_person_in_authority\" title=\"Offence by person in authority\">Offence by person in authority<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Amendment_of_section_8_of_Act_of_1990\" title=\"Amendment of section 8 of Act of 1990\">Amendment of section 8 of Act of 1990<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Sexual_Act_with_Protected_Persons\" title=\"Sexual Act with Protected Persons\">Sexual Act with Protected Persons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Definitions-2\" title=\"Definitions\">Definitions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Sexual_act_with_protected_person\" title=\"Sexual act with protected person\">Sexual act with protected person<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Offence_against_relevant_person_by_person_in_authority\" title=\"Offence against relevant person by person in authority\">Offence against relevant person by person in authority<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/abuse-of-minors\/2\/#Prosecutions\" title=\"Prosecutions\">Prosecutions<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Commission_into_Child_Abuse\"><\/span>Commission into Child Abuse<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The sexual abuse of children has come into public focus over the last 30 years. A particular feature has been the abuse of children while in the care of state, \u00a0religious and other charitable bodies which were undertaking childcare on behalf of the state.<\/p>\n<p>The Commission to Inquire into Child Abuse was established by legislation in 2000. The purpose was to allow victims to give an account of their experiences before a formal state-established body. It was intended to give an opportunity to bring the matter to the attention of society and play a therapeutic role for victims.<\/p>\n<p>The Commission was chaired by a High Court judge and was designed to give a sympathetic hearing in a non-confrontational manner. The Commission was also charged with determining the extent to which the institution and authorities were responsible for the abuse and to publish a report on its findings.<\/p>\n<p>The institutions covered included a range of industrial and reformatory schools, orphanages, children&#8217;s homes and other places in which the State entrusted the care of children on the previous Children&#8217;s legislation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Commission_Report\"><\/span>Commission Report<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The report of the Commission was published in 2009. It was highly critical of the role of the state authorities and the institutions concerned. It highlighted an excessively deferential attitude on the part of State authorities to religious authorities. It highlighted failures to report complaints.<\/p>\n<p>In particular, the Commission found that thousands of children suffered physical, emotional and sexual abuse over decades. It highlighted excessive use of corporal punishment, poor diet, inadequate heating and facilities and a high level of sexual abuse in the case of boys&#8217; school.<\/p>\n<p>The report made a series of recommendations to the State in relation to<\/p>\n<ul>\n<li>childcare policy and services.<\/li>\n<li>rules, regulations and their enforcement,<\/li>\n<li>supervision and inspection and<\/li>\n<li>complaint procedures.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Residential_Institutions_Redress_Board\"><\/span>Residential Institutions Redress Board<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Residential Institutions Redress Board was established under legislation in 2002. Its purpose was to award compensation funded by the State. The legislation covered a range of children&#8217;s institutions including industrial schools, reform schools, orphanages, psychiatric hospitals, residential schools for children with disabilities and children\u2019s homes for which public authorities were responsible.<\/p>\n<p>The Board acted on a no-fault basis. Persons accused of abuse were given the opportunity of responding to the claims of alleged victims.<\/p>\n<p>Hearings before the Board were as informal as possible. The Board could require persons to give evidence on oath. A person could not receive an award under this legislation as well as an award at civil law.<\/p>\n<p>An application has to be made within three years of the commencement date of the Act. This could be extended exceptionally.<\/p>\n<p>The Statute of Limitation was amended to allow a person to bring a claim based on sexual abuse long after the normal period expired. If their will or ability to resort to legal action was impaired, the time limit was extended.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Statutory_Rape\"><\/span>Statutory Rape<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Statutory rape and sexual relations with a person under the age of consent. The age of consent for sexual intercourse is 17 years.<\/p>\n<p>There are two related offences: one, of engaging in a sexual act or attempting to do so with a child under 15 years old and respectively a child under 17. In the case of children under 15 years, the maximum punishment is imprisonment for life. In the case of a child under 17 years, the maximum sentence is imprisonment for up to five years.<\/p>\n<p>In the case of a person in authority, \u00a0imprisonment may be for up to 10 years. A person in authority is a parent, guardian, close relation or a person in loco partentis. Also included are persons involved in education, welfare and supervision.<\/p>\n<p>It is a defence that the accused honestly believes that the other person was over 17 years. This is provided for, after a case in which the earlier legislation was found to be unconstitutional in this regard.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Reckless_Endangerment\"><\/span>Reckless Endangerment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to recklessly endanger children. If a person having authority or control over a child causes or permits a child to be left in a situation which creates a substantial risk of being a victim of harm or abuse or fails to take reasonable step to protect the child from such risk, knowing the child is in such a situation an offence is committed. On conviction on indictment, it is subject to imprisonment up to 10 years.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Incest\"><\/span>Incest<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Incest is intercourse between persons in certain degrees of relationship. An offence is committed irrespective of consent or the parties\u2019 \u00a0ages.<\/p>\n<p>A distinction is made between male and female offenders. Females under 17 may not be prosecuted.<\/p>\n<p>The Criminal Law (Sexual Offences)( Amendment) \u00a0Act 2007 makes it an offence to travel to meet a child either inside or outside the State where the person has previously met or communicated with a child for the purpose of sexual exploitation. On conviction on indictment, the maximum sentence is 14 years imprisonment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sexual_Exploitation\"><\/span>Sexual Exploitation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Sexual exploitation includes<\/p>\n<ul>\n<li>inviting, inducing or coercing the child to engage in prostitution or production of child pornography;<\/li>\n<li>inviting, inducing or coercing the child to participate in any sexual activity which is an offence;<\/li>\n<li>inviting, inducing or coercing the child to participate, observe any activity of a sexual or indecent nature.<\/li>\n<\/ul>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL LAW (SEXUAL OFFENCES) (AMENDMENT) ACT 2007<\/h2>\n<p>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.<\/p>\n<p>[7th March, 2007]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Definitions.<\/h4>\n<p>1.\u2014 In this Act\u2014<\/p>\n<p>\u201c Act of 1981 \u201d means Criminal Law (Rape) Act 1981;<\/p>\n<p>\u201cAct of 1990\u201d means the Criminal Law (Rape) (Amendment) Act 1990 ;<\/p>\n<p>\u201c Act of 1993 \u201d means the Criminal Law (Sexual Offences) Act 1993 ;<\/p>\n<p>\u201c Act of 2006 \u201d means the Criminal Law (Sexual Offences) Act 2006 .<\/p>\n<h4>Soliciting or importuning for purposes of commission of sexual offence.<\/h4>\n<p>2.\u2014 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 ):<\/p>\n<p>\u201c6.\u2014 (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\u2014<\/p>\n<p>(a) under section 2 or 3 of the Criminal Law (Sexual Offences) Act 2006 , or<\/p>\n<p>(b) referred to in section 2 of the Act of 1990,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) under section 5 of this Act, or<\/p>\n<p>(b) referred to in section 2 of the Act of 1990,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(3) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction to a fine not exceeding \u20ac5,000, or imprisonment for a term not exceeding 12 months, or to both, or<\/p>\n<p>(b) on conviction on indictment to a fine, or imprisonment for a term not exceeding 5 years, or to both.<\/p>\n<p>(4) In this section\u2014<\/p>\n<p>\u2018Act of 1990\u2019 means the Criminal Law (Rape) (Amendment) Act 1990 ;<\/p>\n<p>\u2018 child \u2019 means a person under the age of 17 years;<\/p>\n<p>\u2018 mentally impaired \u2019 has the same meaning as it has in section 5 of this Act.\u201d.<\/p>\n<h4>Application of certain enactments.<\/h4>\n<p>3.\u2014 (1) Section 4A of the Act of 1981 is amended, in subsection (6), by the insertion after \u201can offence under the Criminal Law (Sexual Offences) Act 2006 \u201d (inserted by section 6(2) of the Act of 2006) of \u201can offence under section 6 of the Criminal Law (Sexual Offences) Act 1993 \u201d.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) sexual assault offence shall be construed as including references to an offence under section 6 of the Act of 1993, and<\/p>\n<p>(b) rape offence shall be construed as including references to an offence under section 6 of the Act of 1993.<\/p>\n<p>(4) Section 26 of the Civil Legal Aid Act 1995 is amended, in subsection (3)(b), by the substitution of \u201can 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 \u201d for \u201cunlawful carnal knowledge under section 1 or 2 of the Criminal Law Amendment Act, 1935 \u201d.<\/p>\n<h4>Amendment of certain enactments.<\/h4>\n<p>4.\u2014 (1) Section 2 of the Criminal Evidence Act 1992 is amended, in the definition of \u201csexual offence\u201d, by the insertion of the following paragraph:<\/p>\n<p>\u201c(aa) section 6 (inserted by section 2 of the Criminal Law (Sexual Offences) (Amendment) Act 2007) of the Criminal Law (Sexual Offences) Act 1993 ;\u201d.<\/p>\n<p>(2) The Schedule to the Sexual Offences (Jurisdiction) Act 1996 is amended by the insertion of the following paragraph:<\/p>\n<p>\u201c2. Section 6 (inserted by section 2 of the Criminal Law (Sexual Offences) (Amendment) Act 2007) of the Criminal Law (Sexual Offences) Act 1993 .\u201d.<\/p>\n<p>(3) The Schedule to the Bail Act 1997 is amended by the insertion of the following paragraph:<\/p>\n<p>\u201c12B. 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 .\u201d.<\/p>\n<p>(4) The Schedule to the Sex Offenders Act 2001 is amended by the insertion of the following paragraph:<\/p>\n<p>\u201c21. 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 .\u201d.<\/p>\n<h4>Amendment of Act of 2006.<\/h4>\n<p>5.\u2014 (1) Section 3 of the Act of 2006 is amended\u2014<\/p>\n<p>(a) in paragraph (a) of subsection (2), by the substitution of \u201c5 years\u201d for \u201c2 years\u201d,<\/p>\n<p>(b) in paragraph (b) of subsection (2), by the substitution of \u201c10 years\u201d for \u201c4 years\u201d,<\/p>\n<p>(c) in paragraph (a) of subsection (4), by the substitution of \u201c10 years\u201d for \u201c4 years\u201d, and<\/p>\n<p>(d) in paragraph (b) of subsection (4), by the substitution of \u201c15 years\u201d for \u201c7 years\u201d.<\/p>\n<p>(2) Section 6 of the Act of 2006 is amended by the insertion of the following subsection:<\/p>\n<p>\u201c(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.\u201d.<\/p>\n<h4>Meeting child for purpose of sexual exploitation.<\/h4>\n<p>6.\u2014 Section 3 of the Child Trafficking and Pornography Act 1998 is amended by\u2014<\/p>\n<p>(a) the insertion of the following subsections:<\/p>\n<p>\u201c(2A) Any person who within the State\u2014<\/p>\n<p>(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<\/p>\n<p>(b) does so for the purpose of doing anything that would constitute sexual exploitation of the child,<\/p>\n<p>shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years.<\/p>\n<p>(2B) Any person, being a citizen of the State or being ordinarily resident in the State, who outside the State\u2014<\/p>\n<p>(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<\/p>\n<p>(b) does so for the purpose of doing anything that would constitute sexual exploitation of the child,<\/p>\n<p>shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) the substitution of the following subsection for subsection (3):<\/p>\n<p>\u201c(3) In this section \u2018 sexual exploitation \u2019 means, in relation to a child\u2014<\/p>\n<p>(a) inviting, inducing or coercing the child to engage in prostitution or the production of child pornography,<\/p>\n<p>(b) using the child for prostitution or the production of child pornography,<\/p>\n<p>(c) inviting, inducing or coercing the child to participate in any sexual activity which is an offence under any enactment,<\/p>\n<p>(d) the commission of any such offence against the child, or<\/p>\n<p>(e) inviting, inducing or coercing the child to participate in or observe any activity of a sexual or indecent nature.\u201d.<\/p>\n<p>Short title.<\/p>\n<p>7.\u2014 This Act may be cited as the Criminal Law (Sexual Offences) (Amendment) Act 2007 .<\/p>\n<h2>CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 3 May 2023<\/p>\n<p>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.<\/p>\n<p>[22nd February, 2017]<\/p>\n<p>Be it enacted by the Oireachtas as follows:<\/p>\n<p>PART 1<\/p>\n<p>Preliminary and General<\/p>\n<p>Short title and commencement<\/p>\n<p>1. (1) This Act may be cited as the Criminal Law (Sexual Offences) Act 2017.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nPower 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.<\/p>\n<p>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.<\/p>\n<p>E2<br \/>\nPower 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).<\/p>\n<p>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:<\/p>\n<p>(a) section 33;<\/p>\n<p>(b) section 34;<\/p>\n<p>(c) section 35;<\/p>\n<p>(d) section 36 insofar as it inserts section 14C in the Criminal Evidence Act 1992 (no. 12 of 1992);<\/p>\n<p>(e) section 37;<\/p>\n<p>(f) section 39;<\/p>\n<p>(g) section 40.<\/p>\n<p>E3<br \/>\nPower pursuant to subs. (2) exercised (26.02.2018) by Criminal Law (Sexual Offences) Act 2017 (Commencement) Order 2018 (S.I. No. 45 of 2018).<\/p>\n<p>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.<\/p>\n<p>E4<br \/>\nPower pursuant to subs. (2) exercised (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (Commencement) Order 2017 (S.I. No. 112 of 2017).<\/p>\n<p>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.<\/p>\n<h4>Interpretation<\/h4>\n<p>2. In this Act\u2014<\/p>\n<p>\u201cAct of 1908\u201d means the Punishment of Incest Act 1908;<\/p>\n<p>\u201cAct of 1981\u201d means the Criminal Law (Rape) Act 1981;<\/p>\n<p>\u201cAct of 1990\u201d means the Criminal Law (Rape) (Amendment) Act 1990;<\/p>\n<p>\u201cAct of 1992\u201d means the Criminal Evidence Act 1992;<\/p>\n<p>\u201cAct of 1993\u201d means the Criminal Law (Sexual Offences) Act 1993;<\/p>\n<p>\u201cAct of 1995\u201d means the Criminal Law (Incest Proceedings) Act 1995;<\/p>\n<p>\u201cAct of 1998\u201d means the Child Trafficking and Pornography Act 1998;<\/p>\n<p>\u201cAct of 2001\u201d means the Sex Offenders Act 2001;<\/p>\n<p>\u201cAct of 2006\u201d means the Criminal Law (Sexual Offences) Act 2006;<\/p>\n<p>\u201cAct of 2008\u201d means the Criminal Law (Human Trafficking) Act 2008;<\/p>\n<p>\u201cimage\u201d means any photographic, film or video representation or any other form of visual representation, and any accompanying sound or any documents;<\/p>\n<p>\u201csexual activity\u201d means any activity where a reasonable person would consider that\u2014<\/p>\n<p>(a) whatever its circumstances or the purpose of any person in relation to it, the activity is because of its nature sexual, or<\/p>\n<p>(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;<\/p>\n<p>\u201csexual exploitation\u201d means, in relation to a child\u2014<\/p>\n<p>(a) inviting, inducing or coercing the child to engage in prostitution or the production of child pornography,<\/p>\n<p>(b) the prostitution of the child or the use of the child for the production of child pornography,<\/p>\n<p>(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,<\/p>\n<p>(d) inducing or coercing the child to engage or participate in any sexual, indecent or obscene act,<\/p>\n<p>(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<\/p>\n<p>(f) inviting, inducing or coercing the child to observe any sexual, indecent or obscene act, for the purpose of corrupting or depraving the child.<\/p>\n<p>PART 2<\/p>\n<h4>Sexual Exploitation of Children<\/h4>\n<p>Obtaining, providing etc. a child for purpose of sexual exploitation<\/p>\n<p>3. (1) A person who for the purposes of the sexual exploitation of a child\u2014<\/p>\n<p>(a) pays, gives, offers or promises to pay or give a child or another person money or any other form of remuneration or consideration,<\/p>\n<p>(b) provides or offers or offers or promises to provide, a child to another person, or<\/p>\n<p>(c) obtains a child for himself or herself or for another person,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(2) A person (other than the child) who accepts or agrees to accept money or any other form of remuneration or consideration in the circumstances referred to in subsection (1)(a) or accepts or agrees to accept a child in the circumstances referred to in subsection (1)(b) or (1)(c) shall be guilty of an offence.<\/p>\n<p>(3) A person who causes an offence under subsection (1) or (2) to be committed shall be guilty of an offence.<\/p>\n<p>(4) A person who attempts to commit an offence under subsection (1), (2) or (3) shall be guilty of an offence.<\/p>\n<p>(5) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine, or imprisonment for a term not exceeding 12 months, or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 10 years, or both.<\/p>\n<p>(6) In this section \u201cchild\u201d means a person under the age of 18 years.<\/p>\n<p>Annotations:<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nA class A fine means a fine not greater than \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<h4>Invitation etc. to sexual touching<\/h4>\n<p>4. (1) A person who, for sexual purposes, invites, induces, counsels or incites a child to touch, with a part of the body or with an object, the body of any person, including the body of the person who so invites, induces, counsels or incites and the body 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.<\/p>\n<p>(2) In this section \u201cchild\u201d means a person under the age of 15 years.<\/p>\n<h4>Sexual activity in presence of child<\/h4>\n<p>5. (1) A person who, for the purpose of obtaining sexual gratification from the presence of a child or corrupting or depraving a child, intentionally engages in sexual activity whether or not with another person\u2014<\/p>\n<p>(a) when the child is present or in a place from which the person can be observed by the child, and<\/p>\n<p>(b) knowing or believing that the child is aware, or intending that the child should be aware, that the person is engaging in sexual activity,<\/p>\n<p>shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.<\/p>\n<p>(2) In this section \u201cchild\u201d means a person under the age of 17 years.<\/p>\n<h4>Causing child to watch sexual activity<\/h4>\n<p>6. (1) A person who, for the purpose of obtaining sexual gratification or corrupting or depraving a child, intentionally causes a child\u2014<\/p>\n<p>(a) to watch another person engaging in sexual activity, or<\/p>\n<p>(b) to look at an image of that person or another person engaging in sexual activity,<\/p>\n<p>shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.<\/p>\n<p>(2) In this section \u201cchild\u201d means a person under the age of 17 years.<\/p>\n<h4>Meeting child for purpose of sexual exploitation<\/h4>\n<p>7. (1) A person who\u2014<\/p>\n<p>(a) intentionally meets, or travels with the intention of meeting a child or makes arrangements with the intention of meeting a child or for a child to travel, whether or not from within the State, having communicated by any means with that child on at least one previous occasion, and<\/p>\n<p>(b) does so for the purpose of doing anything that would constitute sexual exploitation of the child,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years.<\/p>\n<p>(3) In this section \u201cchild\u201d means a person under the age of 17 years.<\/p>\n<h4>Use of information and communication technology to facilitate sexual exploitation of child<\/h4>\n<p>8. (1) A person who by means of information and communication technology communicates with another person (including a child) for the purpose of facilitating the sexual exploitation of a child by that person or any other person shall be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding 14 years.<\/p>\n<p>(2) A person who by means of information and communication technology sends sexually explicit material to a child shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.<\/p>\n<p>(3) 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.<\/p>\n<p>(4) In this section \u201csexually explicit material\u201d means any indecent or obscene images or words.<\/p>\n<p>(5) In this section \u201cchild\u201d means a person under the age of 17 years.<\/p>\n<p>Annotations:<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C2<br \/>\nA class A fine means a fine not greater than \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<h4>Amendment of section 2 of Act of 1998<\/h4>\n<p>9. Section 2(1) of the Act of 1998 is amended\u2014<\/p>\n<p>(a) by the substitution of the following definition for the definition of \u201cchild\u201d:<\/p>\n<p>\u201c \u2018child\u2019 means a person under the age of 18 years;\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by the substitution of the following paragraph for paragraph (a) of the definition of \u201cchild pornography\u201d:<\/p>\n<p>\u201c(a) any visual representation\u2014<\/p>\n<p>(i) that shows, or in the case of a document relates to, a person who is or is depicted as being a child and who is engaged in or is depicted as being engaged in real or simulated sexually explicit activity,<\/p>\n<p>(ii) that shows, or in the case of a document relates to, a person who is or is depicted as being a child and who is or is depicted as witnessing any such activity by any person or persons, or<\/p>\n<p>(iii) that shows, for a sexual purpose, the genital or anal region of a child or of a person depicted as being a child,\u201d.<\/p>\n<h4>Amendment of section 3 of Act of 1998<\/h4>\n<p>10. Section 3 of the Act of 1998 is amended\u2014<\/p>\n<p>(a) by the repeal of subsections (2A) and (2B), and<\/p>\n<p>(b) in subsection (5), by the substitution of the following definition for the definition of \u201csexual exploitation\u201d:<\/p>\n<p>\u201c \u2018sexual exploitation\u2019 means, in relation to a child\u2014<\/p>\n<p>(a) inviting, inducing or coercing the child to engage in prostitution or the production of child pornography,<\/p>\n<p>(b) the prostitution of the child or the use of the child for the production of child pornography,<\/p>\n<p>(c) the commission of an offence specified in the Schedule to the Sex Offenders Act 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,<\/p>\n<p>(d) inducing or coercing the child to engage or participate in any sexual, indecent or obscene act,<\/p>\n<p>(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<\/p>\n<p>(f) inviting, inducing or coercing the child to observe any sexual, indecent or obscene act, for the purpose of corrupting or depraving the child,<\/p>\n<p>and \u2018sexually exploits\u2019 shall be construed accordingly;\u201d.<\/p>\n<h4>Organising etc. child prostitution or production of child pornography<\/h4>\n<p>11. The Act of 1998 is amended by the insertion of the following section after section 4:<\/p>\n<p>\u201c4A. (1) A person who\u2014<\/p>\n<p>(a) controls or directs the activities of a child for the purposes of the prostitution of the child or the use of the child for the production of child pornography,<\/p>\n<p>(b) organises the prostitution of children or the production of child pornography by controlling or directing the activities of more than one child for those purposes,<\/p>\n<p>(c) compels, coerces or recruits a child to engage or participate in child prostitution or the production of child pornography,<\/p>\n<p>(d) knowingly gains from the prostitution of a child or the production of child pornography, or<\/p>\n<p>(e) incites or causes a child to become involved in child prostitution or production of child pornography,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 14 years or both.\u201d.<\/p>\n<h4>Producing, distributing, etc. child pornography<\/h4>\n<p>12. The Act of 1998 is amended by the substitution of the following section for section 5:<\/p>\n<p>\u201c5. (1) Subject to subsections (3) and (4) of section 6, a person who\u2014<\/p>\n<p>(a) knowingly produces any child pornography,<\/p>\n<p>(b) knowingly distributes, transmits, disseminates, prints or publishes any child pornography,<\/p>\n<p>(c) knowingly imports, exports, sells or shows any child pornography,<\/p>\n<p>(d) knowingly supplies or makes available any child pornography to another person,<\/p>\n<p>(e) knowingly publishes, distributes, transmits or disseminates any advertisement likely to be understood as conveying that the advertiser or any other person produces, distributes, transmits, disseminates, prints, publishes, imports, exports, sells, shows, supplies or makes available any child pornography,<\/p>\n<p>(f) encourages, knowingly causes or facilitates any activity mentioned in paragraphs (a) to (e), or<\/p>\n<p>(g) knowingly possesses any child pornography for the purpose of distributing, transmitting, disseminating, publishing, exporting, selling or showing it,<\/p>\n<p>shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding 14 years or both.<\/p>\n<p>(2) A person who attempts to commit an offence under subsection (1) shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 14 years or both.<\/p>\n<p>(3) In this section \u2018distributes\u2019, \u2018transmits\u2019 or \u2018disseminates\u2019, in relation to child pornography, includes parting with possession of it to, or exposing or offering it for acquisition by, another person, and the references to \u2018distributing\u2019, \u2018transmitting\u2019 and \u2018disseminating\u2019 in that context shall be construed accordingly.\u201d.<\/p>\n<h4>Participation of child in pornographic performance<\/h4>\n<p>13. The Act of 1998 is amended by the insertion of the following section after section 5:<\/p>\n<p>\u201c5A. (1) A person who\u2014<\/p>\n<p>(a) causes, incites, compels or coerces, or<\/p>\n<p>(b) recruits, invites or induces,<\/p>\n<p>a child to participate in a pornographic performance, or gains from such participation, shall be guilty of an offence.<\/p>\n<p>(2) A person who attempts to commit an offence under subsection (1) shall be guilty of an offence.<\/p>\n<p>(3) A person guilty of an offence under subsection (1) or (2) shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.<\/p>\n<p>(4) A person who knowingly attends a pornographic performance shall be guilty of an offence.<\/p>\n<p>(5) A person guilty of an offence under subsection (4) shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine, or imprisonment for a term not exceeding 12 months, or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 10 years, or both.<\/p>\n<p>(6) In this section\u2014<\/p>\n<p>\u2018attends a pornographic performance\u2019 includes viewing the performance by means of information and communication technology,<\/p>\n<p>\u2018pornographic performance\u2019 means a live exhibition aimed at an audience, including by means of information and communication technology, of\u2014<\/p>\n<p>(a) a child engaged in real or simulated sexually explicit activity, or<\/p>\n<p>(b) the sexual organs of a child for primarily sexual purposes.\u201d.<\/p>\n<h4>Possession of child pornography<\/h4>\n<p>14. The Act of 1998 is amended by the substitution of the following for section 6:<\/p>\n<p>\u201c6. (1) Without prejudice to section 5(1)(g) and subject to subsections (3) and (4), any person who\u2014<\/p>\n<p>(a) knowingly acquires or possesses child pornography, or<\/p>\n<p>(b) knowingly obtains access to child pornography by means of information and communication technology,<\/p>\n<p>shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.<\/p>\n<p>(2) Any person who attempts to commit an offence under subsection (1) shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.<\/p>\n<p>(3) Subsections (1) and (2) of section 5 and subsections (1) and (2) shall not apply to a person who possesses or obtains access to child pornography\u2014<\/p>\n<p>(a) in the exercise of functions under the Censorship of Films Acts 1923 to 1992, the Censorship of Publications Acts 1929 to 1967, or the Video Recordings Acts 1989 and 1992, or<\/p>\n<p>(b) for the purpose of the prevention, investigation or prosecution of offences under this Act.<\/p>\n<p>(4) Without prejudice to subsection (3), it shall be a defence in a prosecution for an offence under section 5(1) or (2) or this section for the accused to prove that he or she possessed or obtained access to the child pornography concerned for the purposes of bona fide research.\u201d.<\/p>\n<h4>Amendment of section 1 of Act of 2006<\/h4>\n<p>15. Section 1 of the Act of 2006 is amended\u2014<\/p>\n<p>(a) by the substitution of the following definition for the definition of \u201cperson in authority\u201d:<\/p>\n<p>\u201c \u2018person in authority\u2019, in relation to a child against whom an offence is alleged to have been committed, means\u2014<\/p>\n<p>(a) a parent, grandparent, uncle or aunt whether of the whole blood, of the half blood or by affinity of the child,<\/p>\n<p>(b) a current or former guardian or foster parent of the child,<\/p>\n<p>(c) a current or former step-parent of the child,<\/p>\n<p>(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,<\/p>\n<p>(e) any person who is for the time being, or has been, in loco parentis to the child, or<\/p>\n<p>(f) any other person who is or has been responsible for the education, supervision, training, care or welfare of the child;\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by the insertion of the following definition:<\/p>\n<p>\u201c \u2018foster parent\u2019 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;\u201d.<\/p>\n<h4>Sexual act with child under 15 years of age<\/h4>\n<p>16. The Act of 2006 is amended by the substitution of the following section for section 2:<\/p>\n<p>\u201c2. (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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.\u201d.<\/p>\n<h4>Sexual act with child under 17 years of age<\/h4>\n<p>17. The Act of 2006 is amended by the substitution of the following section for section 3:<\/p>\n<p>\u201c3. (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\u2014<\/p>\n<p>(a) to imprisonment for a term not exceeding 7 years, or<\/p>\n<p>(b) if he or she is a person in authority, to imprisonment for a term not exceeding 15 years.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) to imprisonment for a term not exceeding 7 years, or<\/p>\n<p>(b) if he or she is a person in authority, to imprisonment for a term not exceeding 15 years.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) is younger or less than 2 years older than the child,<\/p>\n<p>(b) was not, at the time of the alleged commission of the offence, a person in authority in respect of the child, and<\/p>\n<p>(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.\u201d.<\/p>\n<h4>Offence by person in authority<\/h4>\n<p>18. The Act of 2006 is amended by the insertion of the following section after section 3:<\/p>\n<p>\u201c3A. (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.<\/p>\n<p>(2) A person who attempts to commit an offence under subsection (1) shall be guilty of an offence.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.\u201d.<\/p>\n<h4>Amendment of section 8 of Act of 1990<\/h4>\n<p>19. Section 8 of the Act of 1990 is amended\u2014<\/p>\n<p>(a) in subsection (2), by\u2014<\/p>\n<p>(i) the substitution of \u201csection 2, 3 or 3A of the Criminal Law (Sexual Offences) Act 2006\u201d for \u201csection 2 or 3 of the Criminal Law (Sexual Offences) Act 2006\u201d, and<\/p>\n<p>(ii) the substitution of \u201cthe said section 3 or section 2, 3 or 3A of the Criminal Law (Sexual Offences) Act 2006\u201d for the \u201cthe said section 1, 2 or 3\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in subsection (5), by\u2014<\/p>\n<p>(i) the substitution of \u201csection 3 or 3A of the Criminal Law (Sexual Offences) Act 2006\u201d for \u201csection 3 of the Criminal Law (Sexual Offences) Act 2006\u201d, and<\/p>\n<p>(ii) the substitution of \u201cthe said section 3 or section 3 or 3A of the Criminal Law (Sexual Offences) Act 2006,\u201d for \u201cthe said section 3 or section 3 of the Criminal Law (Sexual Offences) Act 2006,\u201d.<\/p>\n<p>PART 3<\/p>\n<h4>Sexual Act with Protected Persons<\/h4>\n<h4>Definitions<\/h4>\n<p>20. In this Part\u2014<\/p>\n<p>\u201csexual act\u201d means\u2014<\/p>\n<p>(a) an act consisting of\u2014<\/p>\n<p>(i) sexual intercourse, or<\/p>\n<p>(ii) buggery,<\/p>\n<p>(b) an act described in section 3(1) or 4(1) of the Act of 1990, or<\/p>\n<p>(c) an act which if done without consent would constitute a sexual assault;<\/p>\n<p>\u201csexual intercourse\u201d shall be construed in accordance with section 1(2) of the Act of 1981.<\/p>\n<h4>Sexual act with protected person<\/h4>\n<p>21. (1) A person who engages in a sexual act with a protected person knowing that that person is a protected person or being reckless as to whether that person is a protected person shall be guilty of an offence.<\/p>\n<p>(2) A person who invites, induces, counsels or incites a protected person to engage in a sexual act knowing that that person is a protected person or being reckless as to whether that person is a protected person shall be guilty of an offence.<\/p>\n<p>(3) In proceedings for an offence under this section, it shall be presumed, unless the contrary is shown, that the defendant knew or was reckless as to whether the person against whom the offence is alleged to have been committed was a protected person.<\/p>\n<p>(4) A person guilty of an offence under subsection (1) where the sexual act consisted of sexual intercourse, buggery or an act described in section 3(1) or 4(1) of the Act of 1990 shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.<\/p>\n<p>(5) A person guilty of an offence under subsection (1) where the sexual act consisted of an act which if done without consent would constitute a sexual assault shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years.<\/p>\n<p>(6) A person guilty of an offence under subsection (2) shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 10 years.<\/p>\n<p>(7) For the purposes of this section, a person lacks the capacity to consent to a sexual act if he or she is, by reason of a mental or intellectual disability or a mental illness, incapable of\u2014<\/p>\n<p>(a) understanding the nature, or the reasonably foreseeable consequences, of that act,<\/p>\n<p>(b) evaluating relevant information for the purposes of deciding whether or not to engage in that act, or<\/p>\n<p>(c) communicating his or her consent to that act by speech, sign language or otherwise,<\/p>\n<p>and, in this section, such a person is referred to as a \u201cprotected person\u201d.<\/p>\n<h4>Offence against relevant person by person in authority<\/h4>\n<p>22. (1) A person in authority who engages in a sexual act with a relevant person shall be guilty of an offence.<\/p>\n<p>(2) A person in authority who invites, induces, counsels or incites a relevant person to engage in a sexual act shall be guilty of an offence.<\/p>\n<p>(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 person against whom the offence is alleged to have been committed was not a relevant person.<\/p>\n<p>(4) It shall not be a defence to proceedings for an offence under this section for the defendant to prove that the person against whom the offence is alleged to have been committed consented to the sexual act of which the offence consisted.<\/p>\n<p>(5) The standard of proof required to prove that the defendant was reasonably mistaken that the person against whom the offence is alleged to have been committed was not a relevant person shall be that applicable to civil proceedings.<\/p>\n<p>(6) A person guilty of an offence under subsection (1) where the sexual act consisted of sexual intercourse, buggery or an act described in section 3(1) or 4(1) of the Act of 1990 shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.<\/p>\n<p>(7) A person guilty of an offence under subsection (1) where the sexual act consisted of an act which if done without consent would constitute a sexual assault, or an offence under subsection (2) shall be liable on conviction on indictment to imprisonment for a term not exceeding 5 years.<\/p>\n<p>(8) In this section\u2014<\/p>\n<p>\u201cperson in authority\u201d, in relation to a relevant person against whom an offence is alleged to have been committed, means any person who as part of a contract of service or a contract for services is, for the time being, responsible for the education, supervision, training, treatment, care or welfare of the relevant person;<\/p>\n<p>\u201crelevant person\u201d means a person who has\u2014<\/p>\n<p>(a) a mental or intellectual disability, or<\/p>\n<p>(b) a mental illness,<\/p>\n<p>which is of such a nature or degree as to severely restrict the ability of the person to guard himself or herself against serious exploitation.<\/p>\n<h4>Prosecutions<\/h4>\n<p>23. No proceedings for an offence under this Part shall be brought except by, or with the consent of, the Director of Public Prosecutions.<\/p>\n<p>Repeals<\/p>\n<p>24. Sections 5 and 6(2) of the Act of 1993 are repealed.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1185\" data-postid=\"1185\" class=\"themify_builder_content themify_builder_content-1185 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Commission into Child Abuse The sexual abuse of children has come into public focus over the last 30 years. A particular feature has been the abuse of children while in the care of state, \u00a0religious and other charitable bodies which were undertaking childcare on behalf of the state. The Commission to Inquire into Child Abuse [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[64],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1185"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1185"}],"version-history":[{"count":14,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1185\/revisions"}],"predecessor-version":[{"id":33802,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1185\/revisions\/33802"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1185"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1185"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1185"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}