(LRC Revised)

Number 2 of 2017

CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017

REVISED

Updated to 31 August 2024

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

Criminal Law (Sexual Offences) Act 2017

. 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

Criminal Justice (Amendment)

Act 2024

(31/2024), enacted 4 October 2024, and all statutory instruments up to

and including the

Employment Permits Regulations 2024

(S.I. No. 444 of 2024),

made 28 August 2024, 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.

Number

2

of

2017

CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017

REVISED

Updated to 31 August

2024

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

PART 2

Sexual Exploitation of Children

3. Obtaining, providing etc. a child for purpose of sexual exploitation

4. Invitation etc. to sexual touching

5. Sexual activity in presence of child

6. Causing child to watch sexual activity

7. Meeting child for purpose of sexual exploitation

8. Use of information and communication technology to facilitate sexual exploitation

of child

9. Amendment of section 2 of Act of 1998

10. Amendment of section 3 of Act of 1998

11. Organising etc. child prostitution or production of child pornography

12. Producing, distributing, etc. child pornography

13. Participation of child in pornographic performance

14. Possession of child pornography

15. Amendment of section 1 of Act of 2006

16. Sexual act with child under 15 years of age

17. Sexual act with child under 17 years of age

18. Offence by person in authority

19. Amendment of section 8 of Act of 1990

PART 3

Sexual Act with Protected Persons

20. Definitions

21. Sexual act with protected person

22. Offence against relevant person by person in authority

23. Prosecutions

24. Repeals

PART 4

Purchase of Sexual Services

25. Amendment of Act of 1993

26. Amendment of section 5 of Act of 2008

27. Report on operation of Act

PART 5

Incest

28. Incest by males

29. Exclusion of public from hearings of proceedings under Act of 1908

30. Anonymity of person charged with offence under Act of 1908 and person to whom

offence relates

31. Provisions in relation to offences under section 30

32. Repeal

PART 6

Criminal Evidence

33. Amendment of section 1 of Act of 1992

34. Amendment of section 2 of Act of 1992

35. Amendment of section 13 of Act of 1992

36. Amendment of Act of 1992

37. Amendment of section 16 of Act of 1992

38. Amendment of section 17 of Act of 1992

(Repealed)

39. Disclosure of third party records in certain trials

40. Amendment of section 28 of Civil Legal Aid Act 1995

PART 7

Jurisdiction

41. Amendment of Sexual Offences (Jurisdiction) Act 1996

42. Jurisdiction

43. Proceedings relating to offences committed outside State

44. Double jeopardy

PART 8

Miscellaneous

45. Exposure, offensive conduct of sexual nature

46. Harassment order

47. Effect of appeal from order

48. Amendment of Act of 1990

49. Amendment of section 249 of Children Act 2001

50. Amendment of Bail Act 1997

51. Amendment of Act of 2001

52. Amendment of Criminal Procedure Act 2010

53. Amendment of Criminal Justice (Withholding of Information on Offences against

Children and Vulnerable Persons) Act 2012

54. Amendment of Taxi Regulation Act 2013

55. Amendment of Children First Act 2015

56. Amendment of Criminal Justice (Spent Convictions and Certain Disclosures) Act

2016

57. Offences by bodies corporate

58. Commission of another offence specified in Schedule within specified period

SCHEDULE

Acts Referred to

Bail Act 1997

(No. 16)

Censorship of Films Acts 1923 to 1992

Censorship of Publications Acts 1929 to 1967

Child Care Act 1991

(No. 17)

Child Trafficking and Pornography Act 1998

(No. 22)

Children Act 2001

(No. 24)

Children First Act 2015

(No. 36)

Civil Legal Aid Act 1995

(No. 32)

Companies Act 2014

(No. 38)

Criminal Evidence Act 1992

(No. 12)

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

(No. 4)

Criminal Justice (Withholding of Information on Offences against Children and Vulnerable

Persons) Act 2012

(No. 24)

Criminal Law (Human Trafficking) Act 2008

(No. 8)

Criminal Law (Incest Proceedings) Act 1995

(No. 12)

Criminal Law (Rape) (Amendment) Act 1990

(No. 32)

Criminal Law (Rape) Act 1981

(No. 10)

Criminal Law (Sexual Offences) Act 1993

(No. 20)

Criminal Law (Sexual Offences) Act 2006

(No. 15)

Criminal Law Amendment Act 1885

(48 & 49 Vict., c. 69)

Criminal Procedure Act 2010

(No. 27)

Punishment of Incest Act 1908

(8 Edw., 7 c. 45)

Sex Offenders Act 2001

(No. 18)

Sexual Offences (Jurisdiction) Act 1996

(No. 38)

Taxi Regulation Act 2013

(No. 37)

Video Recordings Acts 1989 and 1992

Number

2

of

2017

CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017

REVISED

Updated to 3 May 2023

An Act to give effect to Directive No. 2011/93/EU of the European Parliament and of

the Council of 13 December 2011

1

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.

[22

nd February

, 2017]

Be it enacted by the Oireachtas as follows

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

PART 2

Sexual Exploitation of Children

3. Obtaining, providing etc. a child for purpose of sexual exploitation

4. Invitation etc. to sexual touching

5. Sexual activity in presence of child

6. Causing child to watch sexual activity

7. Meeting child for purpose of sexual exploitation

8. Use of information and communication technology to facilitate sexual exploitation

of child

9. Amendment of section 2 of Act of 1998

10. Amendment of section 3 of Act of 1998

11. Organising etc. child prostitution or production of child pornography

12. Producing, distributing, etc. child pornography

13. Participation of child in pornographic performance

14. Possession of child pornography

15. Amendment of section 1 of Act of 2006

16. Sexual act with child under 15 years of age

17. Sexual act with child under 17 years of age

18. Offence by person in authority

19. Amendment of section 8 of Act of 1990

PART 3

Sexual Act with Protected Persons

20. Definitions

21. Sexual act with protected person

22. Offence against relevant person by person in authority

23. Prosecutions

24. Repeals

PART 4

Purchase of Sexual Services

25. Amendment of Act of 1993

26. Amendment of section 5 of Act of 2008

27. Report on operation of Act

PART 5

Incest

28. Incest by males

29. Exclusion of public from hearings of proceedings under Act of 1908

30. Anonymity of person charged with offence under Act of 1908 and person to whom

offence relates

31. Provisions in relation to offences under section 30

32. Repeal

PART 6

Criminal Evidence

33. Amendment of section 1 of Act of 1992

34. Amendment of section 2 of Act of 1992

35. Amendment of section 13 of Act of 1992

36. Amendment of Act of 1992

37. Amendment of section 16 of Act of 1992

38. Amendment of section 17 of Act of 1992

(Repealed)

39. Disclosure of third party records in certain trials

40. Amendment of section 28 of Civil Legal Aid Act 1995

PART 7

Jurisdiction

41. Amendment of Sexual Offences (Jurisdiction) Act 1996

42. Jurisdiction

43. Proceedings relating to offences committed outside State

44. Double jeopardy

PART 8

Miscellaneous

45. Exposure, offensive conduct of sexual nature

46. Harassment order

47. Effect of appeal from order

48. Amendment of Act of 1990

49. Amendment of section 249 of Children Act 2001

50. Amendment of Bail Act 1997

51. Amendment of Act of 2001

52. Amendment of Criminal Procedure Act 2010

53. Amendment of Criminal Justice (Withholding of Information on Offences against

Children and Vulnerable Persons) Act 2012

54. Amendment of Taxi Regulation Act 2013

55. Amendment of Children First Act 2015

56. Amendment of Criminal Justice (Spent Convictions and Certain Disclosures) Act

2016

57. Offences by bodies corporate

58. Commission of another offence specified in Schedule within specified period

SCHEDULE

Number

2

of

2017