(LRC Revised)

(8 Edw. 7) c. 45

PUNISHMENT OF INCEST ACT 1908

REVISED

Updated to 24 February 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Punishment of

Incest Act 1908

. It is prepared by the Law Reform Commission in accordance with

its function under the

Law Reform Commission Act 1975

(3/1975) to keep the law

under review and to undertake revision and consolidation of statute law.

All Acts up to and including the

Oil Emergency Contingency and Transfer of

Renewable Transport Fuels Functions Act 2023

(2/2023), enacted 24 February 2023,

and all statutory instruments up to and including the

Housing Loans (Amendment)

Regulations 2023

(S.I. No. 76 of 2023), made 24 February 2023, were considered in

the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the

Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of

the information provided and does not accept any liability whatsoever arising from

any

errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

(8 Edw. 7) c. 45

PUNISHMENT OF INCEST ACT

1908

REVISED

Updated to 24 February

2023

ARRANGEMENT OF SECTIONS

Section

1.

Incest by males.

2.

Incest by females of

or over sixteen.

3.

Test of

relationship.

4.

Prosecution of

offences.

5.

Proceedings to be

held in camera.

(Repealed)

6.

Sanction of

Attorney-General.

7.

Extent.

8.

Short title and

commencement.

(8 Edw. 7) c. 45

PUNISHMENT OF INCEST ACT

1908

REVISED

Updated to 24 February

2023

PUNISHMENT OF INCEST ACT 1908

CHAPTER XLV.

An Act to provide for the punishment

of Incest. [21st December 1908.]

Be

it enacted by the King’s most Excellent Majesty, by and with the advice

and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament

assembled, and by the authority of the same, as follows

Annotations

Editorial Notes

E1

Provision made for

exclusion of public from hearings of proceedings under Act (2.09.2019) by

Criminal Law (Sexual Offences) Act 2017

(2/2017), s. 29, S.I. No. 434 of

2019.

E2

Provision made for

anonymity for accused and person to whom offence relates (2.09.2019) by

Criminal Law (Sexual Offences) Act 2017

(2/2017), s. 30, S.I. No. 434 of

2019.

E3

Special provisions made in

relation to child victims of offences under Act (1.05.2002) by

Children Act

2001

(24/2001), ss. 251-257 and sch. 1 item 3, S.I. No. 151 of 2002, art.

2(q).

E4

Previous affecting

provision: provision made for exclusion of public from hearings of proceedings

under Act (5.07.1995) by

Criminal Law (Incest Proceedings) Act 1995

(12/1995), s. 2, commenced on enactment; repealed (2.09.2019) by

Criminal Law

(Sexual Offences) Act 2017

(2/2017), s. 29, S.I. No. 434 of 2019.

E5

Previous affecting

provision: provision for anonymity for accused and person to whom offence relates

made (5.07.1995) by

Criminal Law (Incest Proceedings) Act 1995

(12/1995),

s. 3, commenced on enactment; repealed (2.09.2019) by

Criminal Law (Sexual

Offences) Act 2017

(2/2017), s. 32, S.I. No. 434 of 2019.

Annotations

Editorial Notes

E1

Provision made for

exclusion of public from hearings of proceedings under Act (2.09.2019) by

Criminal Law (Sexual Offences) Act 2017

(2/2017), s. 29, S.I. No. 434 of

2019.

E2

Provision made for

anonymity for accused and person to whom offence relates (2.09.2019) by

Criminal Law (Sexual Offences) Act 2017

(2/2017), s. 30, S.I. No. 434 of

2019.

E3

Special provisions made in

relation to child victims of offences under Act (1.05.2002) by

Children Act

2001

(24/2001), ss. 251-257 and sch. 1 item 3, S.I. No. 151 of 2002, art.

2(q).

E4

Previous affecting

provision: provision made for exclusion of public from hearings of proceedings

under Act (5.07.1995) by

Criminal Law (Incest Proceedings) Act 1995

(12/1995), s. 2, commenced on enactment; repealed (2.09.2019) by

Criminal Law

(Sexual Offences) Act 2017

(2/2017), s. 29, S.I. No. 434 of 2019.

E5

Previous affecting

provision: provision for anonymity for accused and person to whom offence relates

made (5.07.1995) by

Criminal Law (Incest Proceedings) Act 1995

(12/1995),

s. 3, commenced on enactment; repealed (2.09.2019) by

Criminal Law (Sexual

Offences) Act 2017

(2/2017), s. 32, S.I. No. 434 of 2019.

Section

1.

Incest by males.

2.

Incest by females of

or over sixteen.

3.

Test of

relationship.

4.

Prosecution of

offences.

5.

Proceedings to be

held in camera.

(Repealed)

6.

Sanction of

Attorney-General.

7.

Extent.

8.

Short title and

commencement.

(8 Edw. 7) c. 45