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Number 20 of 1993

CRIMINAL LAW (SEXUAL OFFENCES) ACTS, 1885 to 1993

AN ACT TO AMEND THE LAW IN RELATION TO SEXUAL OFFENCES AND FOR THAT PURPOSE TO AMEND THE OFFENCES AGAINST THE PERSON ACT, 1861, IN RELATION TO BUGGERY; TO AMEND THE CRIMINAL LAW AMENDMENT ACTS, 1885 TO 1935; TO REPEAL THE VAGRANCY ACT, 1898, AND CERTAIN PROVISIONS OF CERTAIN OTHER ENACTMENTS RELATIONING TO SEXUAL OFFENCES AND TO PROVIDE FOR CONNECTED MATTERS. (7 TH July, 1993)

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

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Soliciting or importuning for purposes of commission of sexual offense

6. - A person who solicits or importunes another person for the purposes of the commission of an act whichwould constitute an offense under section 3, 4 or 5 of this Act or section 1 or 2 of the Criminal Law Amendment Act, 1935, shall be guilty of an offense and shall be liable on summary conviction to a fine not exceeding £1,k000 or to imprisonment for a term not exceeding 12 months or to both.

Soliciting or importuning for purposes of prostitution.

7. - A Person who in a street or public place solicits or importunes another person or other persons for the purposes of prostitution shall be guilty of an offense and shall be liable on summary conviction to a fine not exceeding.

(a) £250, in the case of a first conviction,

(b) £500, in the case of a second conviction, or

(c) £500 or to imprisonment for a term not exceeding 4 weeks or to both, in the case of a third or any subsequent conviction.

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Organization of prostitution.

9. - A person who for gain—

(a) controls or directs the activities of a prostitute in respect of prostitution,

(b) organizes prostitution by controlling or directing the activities of more than one prostitute for that purpose, or

(c) compels or coerces a person to be a prostitute, shall be guilty of an offense and shall be liable—

i. on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

ii. on conviction on indictment to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 5 years or to both.

Living on earnings of prostitution.

10. - (1) A person who knowingly lives a whole or in part on the earnings of the prostitution of another person and aids and abets that prostitution shall be guilty of an offense and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

(2) If a judge of the District Court is satisfied on the sworn information of a member of the Garda Siochana not below the rank of sergeant that there are reasonable grounds for suspecting that any premises or any part of a premises is used by a person for the purposes of prostitution, and that any person residing in or frequenting the premises or part of the premises is living in whole or in part on the earnings of the prostitution of another person, he may issue a warrant under his hand authorizing any member of the Garda Siochana, accompanied by other members of the Garda Siochana, at any time or times within one month from date of issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, and search the premises and arrest that person.

(3) A person who obstructs or interferes with a member of the Garda Siochana acting under the authority of a warrant under subsection (2) shall be guilty of an offense and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

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Powers of arrest.

13. - (1) If a member of the Garda Siochana reasonably suspects that a person has committed an offense under section 4, 6, 7, 8 (2) or 10 (3) of this Act he may—

(a) arrest that person without warrant, or

(b) require him to give his name and address and, if the person fails or refuses to do so or gives a name or address that the member reasonably suspects to be false or misleading, the member may arrest that person without warrant.

(2) A person who fails or refuses to give his name or address when required under subsection (1), or gives a name or address which is false or misleading, shall be guilty of an offense and shall be liable on summary conviction to a fine not exceeding £500.

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