Criminal Law (Sexual Offences) (Amendment) Act 2019

Offences for purposes of section 58 of Act of 2017

5. The Act of 2017 is amended by the insertion of the following Schedule after section 58 (inserted by section 4):

“SCHEDULE

section 58

Offences for the purposes of section 58

1. An offence under section 1 of the Punishment of Incest Act 1908 (incest by males).

2. An offence under section 2 of the Punishment of Incest Act 1908 (incest by females of or over the age of 17 years).

3. A rape offence within the meaning of section 1 of the Criminal Law (Rape) Act 1981 .

4. An offence under any of the following provisions of the Criminal Law (Rape) (Amendment) Act 1990 :

(a) section 2 (sexual assault);

(b) section 3 (aggravated sexual assault);

(c) section 4 (rape under section 4 of that Act).

5. An offence under any of the following provisions of the Sexual Offences (Jurisdiction) Act 1996 :

(a) section 2 (sexual offences committed outside the State);

(b) section 3 (offence of transporting person for purpose of enabling offence to which section 2(1) of that Act relates to be committed);

(c) section 4 (offence of publishing information likely to promote etc. commission of offence to which section 2(1) of that Act relates).

6. An offence under any of the following provisions of the Child Trafficking and Pornography Act 1998 :

(a) section 3 (child trafficking and taking, etc., child for sexual exploitation);

(b) section 4 (allowing child to be used for child pornography);

(c) section 4A (organising etc. child prostitution or production of child pornography);

(d) section 5 (producing, distributing, etc. child pornography);

(e) section 5A (participation of child in pornographic performance);

(f) section 6 (possession of child pornography).

7. An offence under section 249 of the Children Act 2001 (causing or encouraging sexual offence upon a child).

8. An offence under any of the following provisions of the Criminal Law (Sexual Offences) Act 2006 :

(a) section 2 (defilement of child under 15 years of age);

(b) section 3 (defilement of child under 17 years of age);

(c) section 3A (offence by person in authority).

9. An offence under section 5 of the Criminal Law (Human Trafficking) Act 2008 (soliciting or importuning for purposes of prostitution of trafficked person).

10. An offence under any of the following provisions of this Act:

(a) section 3 (obtaining, providing etc. a child for purpose of sexual exploitation);

(b) section 4 (invitation etc. to sexual touching);

(c) section 5 (sexual activity in presence of child);

(d) section 6 (causing child to watch sexual activity);

(e) section 7 (meeting child for purpose of sexual exploitation);

(f) section 8 (use of information and communication technology to facilitate sexual exploitation of child);

(g) section 21 (sexual act with protected person);

(h) section 22 (offence against relevant person by person in authority).”.