{"id":21513,"date":"2021-07-07T22:00:39","date_gmt":"2021-07-07T22:00:39","guid":{"rendered":"https:\/\/legalblog.ie\/?p=21513"},"modified":"2024-03-17T09:13:43","modified_gmt":"2024-03-17T09:13:43","slug":"child-sexual-offences","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/child-sexual-offences\/","title":{"rendered":"Child Sex Offences"},"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\/child-sexual-offences\/#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-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/#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-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/#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-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/#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-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/#Meeting_Child_for_purpose_of_Sexual_Exploitation\" 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-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/#Use_of_ICT_to_facilitate_sexual_exploitation_of_child\" title=\"Use of ICT to facilitate sexual exploitation of child\">Use of ICT to facilitate sexual exploitation of child<\/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\/child-sexual-offences\/#Child_Pornography_Offence_Updated\" title=\"Child Pornography Offence Updated\">Child Pornography Offence Updated<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/#Organising_Child_prostitution_or_Pornography\" title=\"Organising Child prostitution or Pornography\">Organising Child prostitution or Pornography<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/#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-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/#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-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/#Possession_of_Child_Pornography\" title=\"Possession of\u00a0 Child Pornography\">Possession of\u00a0 Child Pornography<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/#Person_in_Authority\" title=\"Person in Authority\">Person in Authority<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/#Sexual_Act_with_Child_under_15_years\" title=\"Sexual Act with Child under 15 years\">Sexual Act with Child under 15 years<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/#Sexual_act_of_Sexual_Act_with_child_under_17_years\" title=\"Sexual act of\u00a0 Sexual Act with child under 17 years\">Sexual act of\u00a0 Sexual Act with child under 17 years<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/#Defences_and_Non-Defences\" title=\"Defences and Non-Defences\">Defences and Non-Defences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/#Person_in_Authority_2017_Act\" title=\"Person in Authority (2017 Act)\">Person in Authority (2017 Act)<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-18\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-19\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/2\/#Sexual_Exploitation_of_Children-2\" 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-20\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-21\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-22\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-23\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-25\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-26\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-27\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-28\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/2\/#Producing_distributing_etc_child_pornography-2\" 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-29\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-30\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-31\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-32\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-33\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-34\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-35\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-36\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-37\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-38\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-39\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/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-40\" href=\"https:\/\/legalblog.ie\/child-sexual-offences\/2\/#Prosecutions\" title=\"Prosecutions\">Prosecutions<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Sexual_Exploitation_of_Children\"><\/span>Sexual Exploitation of Children<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who for the purposes of the sexual exploitation of a child\u2014<\/p>\n<ul>\n<li>pays, gives, offers or promises to pay or give a child or another person money or any other form of remuneration or consideration,<\/li>\n<li>provides or offers or offers or promises to provide, a child to another person, or<\/li>\n<li>obtains a child for himself or herself or for another person,<\/li>\n<\/ul>\n<p>is guilty of an offence. \u00a0In this context, a \u201cchild\u201d means a person under the age of 18 years.<\/p>\n<p>Sexual exploitation\u201d means, in relation to a child\u2014<\/p>\n<ul>\n<li>inviting, inducing or coercing the child to engage in prostitution or the production of child pornography,<\/li>\n<li>the prostitution of the child or the use of the child for the production of child pornography,<\/li>\n<li>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,<\/li>\n<li>inducing or coercing the child to engage or participate in any sexual, indecent or obscene act,<\/li>\n<li>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<\/li>\n<li>inviting, inducing or coercing the child to observe any sexual, indecent or obscene act, for the purpose of corrupting or depraving the child.<\/li>\n<\/ul>\n<p>A person (other than the child) who accepts or agrees to accept money or any other form of \u00a0payment in the above circumstances or accepts or agrees to accept a child in the those circumstances is guilty of an offence.<\/p>\n<p>A person who causes any\u00a0 of the above offences to be committed is guilty of an offence. A person who attempts to commit any of the above offences is guilty of an offence.<\/p>\n<p>A person guilty of any of the above offences \u00a0is liable\u2014<\/p>\n<ul>\n<li>on summary conviction, to a class A fine, or imprisonment for a term not exceeding 12 months, or both, or<\/li>\n<li>on conviction on indictment, to a fine or imprisonment for a term not exceeding 10 years, or both.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Invitation_etc_to_Sexual_touching\"><\/span>Invitation etc. to Sexual touching<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In\u00a0 following context a child means a person under 15 years of age.<\/p>\n<p>A person who, for sexual purposes,<\/p>\n<ul>\n<li>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,<\/li>\n<li>induces, counsels or incites the same,<\/li>\n<\/ul>\n<p>is guilty of an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sexual_activity_in_Presence_of_Child\"><\/span>Sexual activity in Presence of Child<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In this context a\u201cchild\u201d means a person under the age of 17 years.<\/p>\n<p>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<ul>\n<li>when the child is present or in a place from which the person can be observed by the child, and<\/li>\n<li>knowing or believing that the child is aware, or intending that the child should be aware, that the person is engaging in sexual activity,<\/li>\n<\/ul>\n<p>is guilty of an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 10 years.<\/p>\n<p>\u201csexual activity\u201d means any activity where a reasonable person would consider that\u2014<\/p>\n<ul>\n<li>whatever its circumstances or the purpose of any person in relation to it, the activity is because of its nature sexual, or<\/li>\n<li>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;<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Causing_Child_to_watch_Sexual_Activity\"><\/span>Causing Child to watch Sexual Activity<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In this context a \u201cchild\u201d means a person under the age of 17 years. A person who, for the purpose of obtaining sexual gratification or corrupting or depraving a child, intentionally causes a child\u2014<\/p>\n<ul>\n<li>to watch another person engaging in sexual activity, or<\/li>\n<li>to look at an image of that person or another person engaging in sexual activity,<\/li>\n<\/ul>\n<p>is guilty of an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 10 years.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Meeting_Child_for_purpose_of_Sexual_Exploitation\"><\/span>Meeting Child for purpose of Sexual Exploitation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In this context a,\u201cchild\u201d means a person under the age of 17 years. A person who\u2014<\/p>\n<ul>\n<li>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<\/li>\n<li>does so for the purpose of doing anything that would constitute sexual exploitation of the child,<\/li>\n<\/ul>\n<p>is guilty of an offence.<\/p>\n<p>A person guilty of this offence is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Use_of_ICT_to_facilitate_sexual_exploitation_of_child\"><\/span>Use of ICT to facilitate sexual exploitation of child<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In this context a\u201cchild\u201d means a person under the age of 17 years.<\/p>\n<p>A person who by means of information and communication technology communicates with another person (including a child) for the purpose of facilitating the sexual exploitation of a child by that person or any other person is guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding 14 years.<\/p>\n<p>A person who by means of information and communication technology sends sexually explicit material to a child is guilty of an offence and is liable<\/p>\n<ul>\n<li>on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or<\/li>\n<li>on conviction on indictment, to imprisonment for a term not exceeding 5 years.<\/li>\n<\/ul>\n<p>No proceedings for an offence under this section against a child under the age of 17 years is brought except by, or with the consent of, the Director of Public Prosecutions.<\/p>\n<p>In this section \u201csexually explicit material\u201d means any indecent or obscene images or words.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Child_Pornography_Offence_Updated\"><\/span>Child Pornography Offence Updated<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p><strong>\u00a0<\/strong>The 2017 Act \u00a0amends and updates the definition of child pornography in\u00a0 section 2 of the Child Trafficking and Pornography Act 1998, to include in the definition showing or depicting a child engaged in simulated sexually explicit activity.<\/p>\n<p>This includes any visual representation\u2014<\/p>\n<ul>\n<li>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,<\/li>\n<li>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<\/li>\n<li>that shows, for a sexual purpose, the genital or anal region of a child or of a person depicted as being a child,\u201d.<\/li>\n<\/ul>\n<p>With regard to child pornography, the definition of a child was amended to refer to person under the age of 18 years. Previously, under the 1998 Act, it was defined as a person under the age of 17.<\/p>\n<p>There \u00a0is a minor amendment to the definition of sexual exploitation in\u00a0 the 1998 Act to bring it into line with the definition of sexual exploitation above. It clarifies that an invitation to engage in a sexual act is an offence where, if the act were done, that act would be an offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Organising_Child_prostitution_or_Pornography\"><\/span>Organising Child prostitution or Pornography<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2017 Act strengthens existing provisions concerning child prostitution and child pornography. It\u00a0\u00a0provides for an offence where a person controls or directs the activities of a child for the purposes of the prostitution of the child or the use of the child for the production of child pornography.<\/p>\n<p>Other elements of the offence include where a person:<\/p>\n<ul>\n<li>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;<\/li>\n<li>compels, coerces or recruits a child to engage or participate in child prostitution or the production of child pornography;<\/li>\n<li>knowingly gains from the prostitution of a child or the production of child pornography; or<\/li>\n<li>incites or causes a child to become involved in child prostitution or production of child pornography.<\/li>\n<\/ul>\n<p>A person found guilty of an offence under this section is liable on conviction on indictment to up to 14 years imprisonment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Producing_distributing_etc_child_pornography\"><\/span>Producing, distributing, etc. child pornography<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Any person who:<\/p>\n<ul>\n<li>knowingly produces any child pornography;<\/li>\n<li>knowingly distributes, transmits, disseminates, prints or publishes any child pornography;<\/li>\n<li>knowingly imports, exports, sells or shows any child pornography;<\/li>\n<li>knowingly supplies or makes available any child pornography to another person;<\/li>\n<li>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,<\/li>\n<li>publishes, imports, exports, sells, shows, supplies or makes available any child pornography;<\/li>\n<li>encourages, causes or facilitates any activity mentioned above; or<\/li>\n<li>knowingly possesses any child pornography for the purpose of distributing, transmitting, disseminating, publishing, exporting,<\/li>\n<li>selling or showing it;<\/li>\n<\/ul>\n<p>is guilty of an offence.<\/p>\n<p>A person found guilty of an offence under this section is liable on conviction on indictment to up to 14 years imprisonment and \/ or a fine. The \u00a0maximum monetary penalty for offences tried summarily from a class C fine (a fine not exceeding \u20ac2,500) to a class A fine (a fine not exceeding \u20ac5,000).<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Participation_of_Child_in_Pornographic_Performance\"><\/span>Participation of Child in Pornographic Performance<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence where a person:<\/p>\n<ul>\n<li>coerces, causes, recruits, induces or invites a child to participate in a pornographic performance;<\/li>\n<li>gains from such participation; or<\/li>\n<li>knowingly attends a pornographic performance in which a child participates.<\/li>\n<\/ul>\n<p>A pornographic performance is not limited to real sexual activity and also includes simulated sexual activity.<\/p>\n<p>A person found guilty of an offence under this section is liable on conviction on indictment to up to 10 years imprisonment and \/ or a fine.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Possession_of_Child_Pornography\"><\/span>Possession of\u00a0 Child Pornography<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Any person who\u2014<\/p>\n<ul>\n<li>knowingly acquires or possesses child pornography, or<\/li>\n<li>knowingly obtains access to child pornography by means of information and communication technology,<\/li>\n<\/ul>\n<p>is \u00a0guilty of an offence and is liable \u2014<\/p>\n<ul>\n<li>\u00a0on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/li>\n<li>\u00a0on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Person_in_Authority\"><\/span>Person in Authority<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person in a position of authority over a child who engages in a sexual act with that child is guilty of an offence under the 2006 Act. A \u2018person in authority\u2019, in relation to a child against whom an offence is alleged to have been committed, means\u2014<\/p>\n<ul>\n<li>a parent, grandparent, uncle or aunt whether of the whole blood, of the half blood or by affinity of the child,<\/li>\n<li>a current or former guardian or foster parent of the child,<\/li>\n<li>a current or former step-parent of the child,<\/li>\n<li>a current or former partner of a parent of the child who lives or has lived in an enduring family relationship with the parent,<\/li>\n<li>any person who is for the time being, or has been, in loco parentis to the child, or<\/li>\n<li>any other person who is or has been responsible for the education, supervision, training, care or welfare of the child;\u201d,<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Sexual_Act_with_Child_under_15_years\"><\/span>Sexual Act with Child under 15 years<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who engages in a sexual act with a child who is under the age of 15 years is guilty of an offence and is liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.<\/p>\n<p>A person who attempts to engage in a sexual act with a child who is under the age of 15 years is guilty of an offence and is liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.<\/p>\n<p>It is a defence to proceedings for an offence under this section for the defendant to prove that he or she was reasonably mistaken that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 15 years.<\/p>\n<p>Where, in proceedings for this offence, it falls to the court to consider whether the defendant was reasonably mistaken that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 15 years, the court shall consider whether, in all the circumstances of the case, a reasonable person would have concluded that the child had attained the said age.<\/p>\n<p>The standard of proof required to prove that the defendant was reasonably mistaken that the child had attained the age of 15 years is that applicable to civil proceedings.<\/p>\n<p>It is not a defence to proceedings for an offence\u00a0 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<h3><span class=\"ez-toc-section\" id=\"Sexual_act_of_Sexual_Act_with_child_under_17_years\"><\/span>Sexual act of\u00a0 Sexual Act with child under 17 years<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who engages in a sexual act with a child who is under the age of 17 years is guilty of an offence and is liable on conviction on indictment\u2014<\/p>\n<ul>\n<li>to imprisonment for a term not exceeding 7 years, or<\/li>\n<li>if he or she is a person in authority, to imprisonment for a term not exceeding 15 years.<\/li>\n<\/ul>\n<p>A person who attempts to engage in a sexual act with a child who is under the age of 17 years is guilty of an offence and is liable on conviction on indictment\u2014<\/p>\n<ul>\n<li>to imprisonment for a term not exceeding 7 years, or<\/li>\n<li>if he or she is a person in authority, to imprisonment for a term not exceeding 15 years.<\/li>\n<\/ul>\n<p>No proceedings for an offence under this provision against a child under the age of 17 years is brought except by, or with the consent of, the Director of Public Prosecutions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Defences_and_Non-Defences\"><\/span>Defences and Non-Defences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is a defence to proceedings for the offence for the defendant to prove that he or she was reasonably mistaken that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 17 years. The court shall consider whether, in all the circumstances of the case, a reasonable person would have concluded that the child had attained the said age.<\/p>\n<p>The standard of proof required to prove that the defendant was reasonably mistaken that the child had attained the age of 17 years is the balance of probabilities.<\/p>\n<p>It is not \u00a0be a defence for the defendant to prove that the child against whom the offence is alleged to have been committed consented to the sexual act of which the offence consisted.<\/p>\n<p>Where, in proceedings for an offence against a child who at the time of the alleged commission of the offence had attained the age of 15 years but was under the age of 17 years, it is a defence that the child consented to the sexual act of which the offence consisted where the defendant\u2014<\/p>\n<ul>\n<li>is younger or less than 2 years older than the child,<\/li>\n<li>was not, at the time of the alleged commission of the offence, a person in authority in respect of the child, and<\/li>\n<li>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.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Person_in_Authority_2017_Act\"><\/span>Person in Authority (2017 Act)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person in a position of authority over a child who engages in a sexual act with that child is guilty of an offence under the 2006 Act. A \u2018person in authority\u2019, in relation to a child against whom an offence is alleged to have been committed, means\u2014<\/p>\n<ul>\n<li>a parent, grandparent, uncle or aunt whether of the whole blood, of the half blood or by affinity of the child,<\/li>\n<li>a current or former guardian or foster parent of the child,<\/li>\n<li>a current or former step-parent of the child,<\/li>\n<li>a current or former partner of a parent of the child who lives or has lived in an enduring family relationship with the parent,<\/li>\n<li>any person who is for the time being, or has been, in loco parentis to the child, or<\/li>\n<li>any other person who is or has been responsible for the education, supervision, training, care or welfare of the child;\u201d,<\/li>\n<\/ul>\n<p><!--nextpage--><\/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-21513\" data-postid=\"21513\" class=\"themify_builder_content themify_builder_content-21513 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Sexual Exploitation of Children A person who for the purposes of the sexual exploitation of a child\u2014 pays, gives, offers or promises to pay or give a child or another person money or any other form of remuneration or consideration, provides or offers or offers or promises to provide, a child to another person, or [&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\/21513"}],"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=21513"}],"version-history":[{"count":13,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21513\/revisions"}],"predecessor-version":[{"id":33321,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21513\/revisions\/33321"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=21513"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=21513"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=21513"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}