Singapore legislation

Section 377BL

of Penal Code 1871

Section 377BL

Exploitation by abusive material of minor of or above 16 but below 18 years of age

Amended by15/201915/201915/201915/201915/201915/2019

(1)

This section applies only where a person (A) is in a relationship with another person (B) who is of or above 16 but below 18 years of age, that is exploitative of B.

Amended by15/2019

(2)

A person (A) who uses B for the production of material which A knows or has reason to believe is abusive material or causes or procures B to be so used shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.

Amended by15/2019

(3)

A person (A) who intentionally produces abusive material of B shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.

Amended by15/2019

(4)

A person (A) who distributes or sells or offers for sale abusive material of B or has in A’s possession abusive material of B for the purpose of such distribution, sale or offer for sale; and knowing or having reason to believe that the material is abusive material of B shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine or to caning.

Amended by15/2019

(5)

For the purposes of this section —

(a)

the ways in which material is produced may include —

(i)

filming, printing, photographing, recording, writing, drawing or otherwise generating material;

(ii)

altering or manipulating material; or

(iii)

reproducing or copying material; and

(b)

the ways in which a person may be used in the production of material include inviting or encouraging the person to be involved, or offering the person to be involved, in the production of the material.

Amended by15/2019

(6)

In this section, “abusive material”, in relation to B, means material that depicts —

(a)

an image of B —

(i)

as a victim of torture, cruelty or physical abuse (whether or not the torture, cruelty or abuse is sexual);

(ii)

as a victim of sexual abuse;

(iii)

engaged in, or apparently engaging in, a sexual pose or sexual activity (whether or not in the presence of another person); or

(iv)

in the presence of another person who is engaged in, or apparently engaged in a sexual pose or sexual activity;

(b)

the genital or anal region of B in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive; or

(c)

the breasts of B if B is female, in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive.

Amended by15/2019
Section 377BL — Penal Code 1871 | laws.sg