C4

Deletion of subs. (5) applied with retrospective effect (31.08.2024) by Criminal Law (Sexual Offences and Human Trafficking) Act 2024 (28/2024), s. 19, S.I. No. 391 of 2024.

Retrospective application of repeals

19. (1) Subject to subsection (2), the repeals effected by subsection (1) of section 18 and paragraph (a) of subsection (3) of that section shall apply in respect of a relevant offence committed before the date of the coming into operation of this Chapter, including a relevant offence in respect of which proceedings had commenced before that date.

(2) Subsection (1) shall not apply in respect of a relevant offence committed prior to the date of the coming into operation of this Chapter where final judgment was given before that date in the proceedings in respect of the relevant offence.

(3) In this section “relevant offence” means—

(a) an offence to which section 2(5) or 3A(5) of the Act of 2006 applied, immediately before their repeal by section 18 (1), or

(b) an offence to which section 22(5) of the Act of 2017 applied, immediately before its repeal by section 18 (3)(a).

C5

Application of section extended (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 42, S.I. No. 112 of 2017.

Jurisdiction

42. (1) Where a person who is an Irish citizen or ordinarily resident in the State does an act against a child in a place other than the State that, if done in the State, would constitute rape, sexual assault, an offence under section 4A, 5(1)(a) or 5A(1) of the Act of 1998, or an offence under section 2, 3 or 3A of the Act of 2006, he or she shall be guilty of that offence.

(2) Where a person conspires with, or incites, in the State, another person to do an act against a child in a place other than the State that, if done in the State, would constitute rape, sexual assault, an offence under section 4A, 5(1)(a) or 5A(1) of the Act of 1998, or an offence under section 2, 3 or 3A of the Act of 2006, he or she shall be guilty of an offence.

(3) Where a person who is an Irish citizen or ordinarily resident in the State conspires with, or incites, in a place other than the State, another person to do an act against a child in a place other than the State that, if done in the State, would constitute rape, sexual assault, an offence under section 4A, 5(1)(a) or 5A(1) of the Act of 1998, or an offence under section 2, 3 or 3A of the Act of 2006, he or she shall be guilty of an offence.

(4) Where a person attempts to commit an offence under subsection (2) or (3), he or she shall be guilty of an offence.

(5) A person found guilty of an offence under this section shall be liable on conviction to the penalty to which he or she would have been liable had the act that constituted the offence been done in the State.

(6) For the purposes of this section a person shall be deemed to be ordinarily resident in the State if—

(a) he or she has had his or her principal residence in the State for the period of 12 months immediately preceding the alleged commission of the offence,

(b) it is a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act, or

(c) in the case of any other body corporate, it is established under the law of the State.