Criminal Justice (Amendment) Act 2009

Amendment of section 41 (substantive elements of offence) of Act of 1999.

20.— Section 41 of the Act of 1999 is amended—

(a) in subsection (1)(a), by substituting “who (whether in or outside the State) harms” for “who harms”, and

(b) by inserting the following subsections after subsection (3):

“(3A) A person shall be guilty of an offence under this section for conduct that the person engages in outside the State only if—

(a) the conduct takes place on board an Irish ship (within the meaning of section 9 of the Mercantile Marine Act 1955 ),

(b) the conduct takes place on an aircraft registered in the State,

(c) the person is an Irish citizen, or

(d) the person is ordinarily resident in the State.

(3B) A person who has his or her principal residence in the State for the 12 months immediately preceding the commission of an offence under subsection (1) is, for the purposes of subsection (3A)(d), ordinarily resident in the State on the date of the commission of the offence.”.