Singapore legislation
Clause 117
Clause 117
New sections 376EA to 376EE
The Penal Code is amended by inserting, immediately after section 376E, the following sections:“Exploitative sexual grooming of minor of or above 16 but below 18 years of age376EA.—
Any person of or above 18 years of age (A) shall be guilty of an offence if having met or communicated with another person (B) on at least one previous occasion —
A intentionally meets B or travels with the intention of meeting B or B travels to attend a meeting with A which A has either initiated or agreed to whether expressly or by implication; and
at the time of the acts mentioned in paragraph (a) —
A intends to do anything to or in respect of B, during or after the meeting, which if done will involve the commission by A of a relevant offence;
B is of or above 16 but below 18 years of age;
A does not reasonably believe that B is of or above 18 years of age; and
A is in a relationship that is exploitative of B.(2) In subsection (1), “relevant offence” means an offence under —
section 354, 354A, 355, 372, 373, 373A, 375, 376, 376AA, 376B, 376C, 376EC, 376EE, 376F, 376G, 376H, 377(3), 377A, 377B(3), 377BA, 377BB, 377BF or 377BL; or
section 140(1) of the Women’s Charter (Cap. 353).(3) For the purposes of this section, it is immaterial whether the previous occasion of A having met or communicated with B mentioned in subsection (1) took place in or outside Singapore.(4) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.Sexual communication with minor below 16 years of age376EB.—
Any person of or above 18 years of age (A) shall be guilty of an offence if —
for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally communicated with B;
the communication is sexual;
at the time of the communication, B is below 16 years of age; and
A does not reasonably believe that B is of or above 16 years of age.(2) For the purposes of this section, it is immaterial —
whether B replied or responded to A’s communication mentioned in subsection (1); and
whether such communication took place in or outside Singapore.(3) A person who is guilty of an offence under this section shall —
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
in any other case, be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.(4) No person shall be guilty of an offence under this section for any communication with his or her spouse with the consent of that spouse.Exploitative sexual communication with minor of or above 16 but below 18 years of age376EC.—
Any person of or above 18 years of age (A) shall be guilty of an offence if —
for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally communicated with B;
the communication is sexual;
at the time of the communication, B is of or above 16 but below 18 years of age;
A does not reasonably believe that B is of or above 18 years of age; and
B is in a relationship with A that is exploitative of B.(2) For the purposes of this section, it is immaterial —
whether B replied or responded to A’s communication mentioned in subsection (1); and
whether such communication took place in or outside Singapore.(3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.Sexual activity or image in presence of minor below 16 years of age376ED.—
Any person of or above 18 years of age (A) shall be guilty of an offence if —
for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally engages in an activity;
the activity is sexual;
A engages in the activity —
when B is present or is in a place from which A can be observed; and
knowing or believing that B is aware, or intending that B should be aware, that A is engaging in it;
B is below 16 years of age; and
A does not reasonably believe that B is of or above 16 years of age.(2) Any person of or above 18 years of age (A) shall be guilty of an offence if —
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;
the image is sexual;
B is below 16 years of age; and
A does not reasonably believe that B is of or above 16 years of age.(3) A person who is guilty of an offence under this section shall —
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
in any other case, be punished with imprisonment for a term which may extend to one year, or with fine, or with both.(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.Exploitative sexual activity or image in presence of minor of or above 16 but below 18 years of age376EE.—
Any person of or above 18 years of age (A) shall be guilty of an offence if —
for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally engages in an activity;
the activity is sexual;
A engages in the activity —
when B is present or is in a place from which A can be observed; and
knowing or believing that B is aware, or intending that B should be aware, that A is engaging in it;
B is of or above 16 but below 18 years of age;
A does not reasonably believe that B is of or above 18 years of age; and
A is in a relationship with B that is exploitative of B.(2) Any person of or above 18 years of age (A) shall be guilty of an offence if —
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;
the image is sexual;
B is of or above 16 but below 18 years of age;
A does not reasonably believe that B is of or above 18 years of age; and
A is in a relationship with B that is exploitative of B.(3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.”.