Age of Consent in Ireland: The Law, the Close-in-Age Defence and Penalties

The age of consent in Ireland is 17. A person who engages in a sexual act with a child under 17 commits an offence under the Criminal Law (Sexual Offences) Act 2006, in the form substituted by the Criminal Law (Sexual Offences) Act 2017, and the child's consent is generally no defence.

The single number hides several distinctions. There is a more serious offence where the child is under 15, a separate offence for a person in authority where the young person is 17, and a narrow close-in-age defence that is open only where the child is 15 or 16. This page sets out what the statutes say, as general information.

Information last verified on 26 October 2026. This page is general legal information for the Republic of Ireland, not legal advice.

What is the age of consent in Ireland?

The general age of consent is 17. It comes from sections 2 and 3 of the Criminal Law (Sexual Offences) Act 2006, which were substituted in full by sections 16 and 17 of the Criminal Law (Sexual Offences) Act 2017. The substituted sections came into force on 27 March 2017.

The law does not say "the age of consent is 17" in those words. Instead it makes it an offence to engage in a sexual act with a child below a set age. Section 2 covers a child under 15 and section 3 covers a child under 17.

Both offences are written in neutral terms. They begin "A person who engages in a sexual act", so they apply whatever the sex of either person, and whatever the age of the accused, subject to section 5, described below. Attempting either act is also an offence.

The offences and maximum penalties

Under section 4, the District Court may deal with an attempt under section 2 or section 3 summarily, if the court considers it a minor offence fit for summary trial, the accused does not object and the Director of Public Prosecutions consents. The maximum on summary conviction is a fine of €5,000, 12 months' imprisonment, or both. That summary route is written for attempts only, not the completed offences.

What counts as a "sexual act"?

Section 1 of the 2006 Act defines a sexual act as sexual intercourse or buggery between persons who are not married to each other, or an act described in section 3(1) or 4(1) of the Criminal Law (Rape) (Amendment) Act 1990.

That is a defined list, not every form of sexual contact. Other sexual offences, which this page does not cover, can apply to conduct that falls outside it.

Is consent ever a defence? The close-in-age rule

For both offences the Act says consent is not a defence, subject to one exception in section 3(8). That exception is often called a "Romeo and Juliet" rule, but it is not an exemption from the law. It is a defence that is raised in proceedings and has strict conditions.

Section 3(8) applies only where the child had reached 15 but was under 17 at the time. In that case, it is a defence that the child consented, where the defendant:

1. is younger than the child, or less than 2 years older;
2. was not a person in authority in respect of the child; and
3. was not in a relationship with the child that was intimidatory or exploitative of the child.

All three conditions must be met. A gap of 2 years or more falls outside the defence. The defence does not apply to the section 2 offence, so there is no close-in-age defence at all where the child is under 15. It also does not apply to the section 3A offence.

Persons in authority and the age of 18

The 2006 Act gives "person in authority" a wide meaning. In relation to a child it covers:

• a parent, grandparent, uncle or aunt, whether of the whole blood, half blood or by affinity;
• a current or former guardian or foster parent;
• a current or former step-parent;
• a current or former partner of a parent who lives or has lived with the parent in an enduring family relationship;
• anyone who is or has been in loco parentis to the child; and
• anyone else who is or has been responsible for the education, supervision, training, care or welfare of the child.

Being a person in authority has two effects. First, it raises the maximum penalty for the section 3 offence from 7 years to 15 years. Second, section 3A makes it a separate offence for a person in authority to engage in a sexual act with a young person aged 17. The maximum penalty is 10 years and consent is not a defence.

Section 3A has its own defences: that the accused was reasonably mistaken that the young person was 18, or had reasonable grounds for believing they were not a person in authority.

Can a young person be prosecuted?

Yes. Because the offences apply to "a person" of any age, a young person can in principle be charged. Section 3(7) adds a safeguard: proceedings under section 3 against a child under 17 can only be brought by, or with the consent of, the Director of Public Prosecutions.

Section 5 of the 2006 Act is often summarised online as "the girl cannot be prosecuted". That is wider than what it says. Section 5 provides that a female child under 17 is not guilty of an offence under the Act "by reason only of her engaging in an act of sexual intercourse".

It is limited to a female, under 17, and to sexual intercourse. It does not cover the other acts in the definition of a sexual act, and there is no equivalent provision for a male child.

What if the accused was mistaken about the child's age?

The Act provides a defence of reasonable mistake about age. For the section 3 offence, the question is whether the accused was reasonably mistaken that the child had reached 17; for section 2, the age is 15. In deciding this, the court must consider whether, in all the circumstances, a reasonable person would have concluded that the child had reached that age.

As enacted in 2017, each of these sections also had a subsection applying the civil standard of proof to the mistake defence. On 28 August 2023, in C.W. v The Minister for Justice [2023] IESC 22, the Supreme Court found section 3(5) incompatible with the Constitution. The Criminal Law (Sexual Offences and Human Trafficking) Act 2024 then repealed the equivalent subsections in section 2 and section 3A, from 31 August 2024, with effect for earlier offences too unless final judgment had already been given.

How the mistake defence now operates in a trial, after those changes, is a matter for the courts. Anyone facing a charge should get advice from a solicitor on it. Older sources that describe a test of "reasonable and honest belief" are out of date.

Sex offender registration

An offence under the 2006 Act is a "sexual offence" for the Sex Offenders Act 2001. A conviction therefore brings the notification requirements of that Act, often called the sex offenders register.

The period depends on the sentence:

Where the offender was under 18 when the offence was committed, the court sets the period itself when sentencing, and it cannot exceed 5 years. The court has regard to the nature and circumstances of the offence and the degree of risk of reoffending.

The close-in-age provision in section 3(8) is a defence that goes to whether the person is guilty at all. It is separate from the registration rules.

Offences committed outside Ireland

Under section 42 of the 2017 Act, an Irish citizen, or a person ordinarily resident in the State, who does an act abroad that would be an offence under section 2, 3 or 3A if done in Ireland, is guilty of that offence. For this purpose, a person is ordinarily resident if they have had their principal residence in the State for the 12 months immediately before the alleged offence.

Common misunderstandings

• "It is 17 for everyone." It is 17 in general, but 18 where the older person is a person in authority, and the more serious section 2 offence applies below 15.
• "Romeo and Juliet means it is legal." The close-in-age rule is a defence with three conditions, not an exemption, and it is not available if the child is under 15.
• "The 2024 Act changed the age of consent." It did not. It repealed the standard-of-proof subsections described above and made reforms in other areas.

Where to get help

If a child is in immediate danger, call 999 or 112. Concerns about a sexual offence against a child can be reported to An Garda Síochána at any Garda station. Anyone who has been accused of an offence, or a parent worried about a young person's situation, should speak to a solicitor.

For related family law information, see the Irish family law section, including separation agreements and cohabiting couples' rights, or the main Ireland laws page.

This page is general information about the criminal law of the Republic of Ireland on the age of consent, not legal advice. For advice on a specific situation, speak to a solicitor or contact An Garda Síochána.

Frequently Asked Questions

What is the age of consent in Ireland?

The age of consent in Ireland is 17. Engaging in a sexual act with a child under 17 is an offence under section 3 of the Criminal Law (Sexual Offences) Act 2006, as substituted in 2017. Where the older person is a person in authority, a separate offence protects 17-year-olds, so in that relationship the age is effectively 18.

Is there a Romeo and Juliet law in Ireland?

There is a close-in-age defence in section 3(8) of the 2006 Act, but it is not an exemption. It applies only where the child is 15 or 16, and only if the accused is younger or less than 2 years older, was not a person in authority, and the relationship was not intimidatory or exploitative. There is no such defence where the child is under 15.

Can two 16-year-olds be prosecuted in Ireland?

The offence applies to a person of any age, so a young person can in principle be charged. Proceedings under section 3 against a child under 17 need the consent of the Director of Public Prosecutions. Under section 5, a girl under 17 is not guilty of an offence by reason only of sexual intercourse. Where both are 15 or 16, the close-in-age defence in section 3(8) may be relevant if all its conditions are met.

Did the age of consent in Ireland change in 2024?

No. The Criminal Law (Sexual Offences and Human Trafficking) Act 2024 did not change the age of consent or the penalties. From 31 August 2024 it repealed subsections that applied the civil standard of proof to the mistake-of-age defence, following the Supreme Court decision in C.W. [2023] IESC 22.

What is the penalty for sex with a 16-year-old in Ireland?

The section 3 offence carries a maximum of 7 years on indictment, or 15 years if the accused is a person in authority. Consent is not a defence unless the close-in-age conditions in section 3(8) are all met. A conviction also brings sex offender notification requirements.

Is the age of consent 18 for teachers in Ireland?

Anyone who is or has been responsible for a young person's education, supervision, training, care or welfare is a person in authority under the 2006 Act. Under section 3A it is an offence for a person in authority to engage in a sexual act with a 17-year-old, with a maximum of 10 years. In practice the protected age in that relationship is 18.

Does the age of consent in Ireland apply to same-sex relationships?

Yes. The offences in the 2006 Act begin with the words a person who engages in a sexual act, and apply regardless of the sex of either person. The same ages, penalties and close-in-age rule apply.