Singapore legislation

Section 376ED

of Penal Code 1871

Section 376ED

Sexual activity or image in presence of minor below 16 years of age

Amended by15/201915/201915/201915/2019

(1)

Any person of or above 18 years of age (A) shall be guilty of an offence if —

(a)

for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally engages in an activity;

(b)

the activity is sexual;

(c)

A engages in the activity —

(i)

when B is present or is in a place from which A can be observed;

(ii)

when either A or B is or both are in Singapore; and

(iii)

knowing or believing that B is aware, or intending that B should be aware, that A is engaging in it;

(d)

B is below 16 years of age; and

(e)

A does not reasonably believe that B is of or above 16 years of age.

Amended by15/2019

(2)

Any person of or above 18 years of age (A) shall be guilty of an offence if —

(a)

for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally causes B to observe an image;

(b)

the image is sexual;

(c)

B is below 16 years of age; (d)A does not reasonably believe that B is of or above 16 years of age; and

(e)

either A or B is or both are in Singapore.

Amended by15/2019

(3)

A person who is guilty of an offence under this section shall —

(a)

in the case where the offence is committed against a victim who is below 14 years of age and A does not reasonably believe that B is of or above that age, be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; or

(b)

in any other case, be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Amended by15/2019

(4)

No person shall be guilty of an offence under this section against B if B is his or her spouse with the consent of that spouse.

Amended by15/2019