Criminal Law (Miscellaneous Amendments) Bill

in subsection (2), after “person”, insert “of 14 years of age or older but below 16 years of age”;

after subsection (2), insert —“(2A) A young person of 16 years of age or older but below 18 years of age must not be ordered to be imprisoned for any offence, or be committed to prison in default of a fine, damages or costs, unless —

the person is certified by the court to be of so unruly a character that the person cannot be detained in a place of detention or juvenile rehabilitation centre;

the person is convicted of the offence (being an offence triable only by the General Division of the High Court) by the General Division of the High Court;

the person —

is convicted of the offence (not being an offence triable only by the General Division of the High Court) by the General Division of the High Court;

was charged and tried together with another offence that is triable only in the General Division of the High Court; and

is convicted of that other offence;

the person is convicted of the offence by a court other than the Youth Court, and the offence is a relevant offence mentioned in section 39(2A); or

the person —

is convicted of the offence by a court other than the Youth Court;

was charged and tried for the offence together with a relevant offence mentioned in section 39(2A); and

is convicted of that relevant offence.”;

in subsection (3), after “person”, insert “of 14 years of age or older but below 16 years of age”; and

after subsection (3), insert —“(4) Despite the provisions of any other written law, no young person of 16 years of age or older but below 18 years of age may be sentenced to corporal punishment for any offence by any court, unless —

the person is convicted of the offence by the General Division of the High Court;

the person is convicted of the offence by a court other than the Youth Court, and the offence is a relevant offence mentioned in section 39(2A); or

the person —

is convicted of the offence by a court other than the Youth Court;

was charged and tried for the offence together with a relevant offence mentioned in section 39(2A); and

is convicted of that relevant offence.”.

on the day on which the offender is found guilty of an offence —

the offender has attained 18 years of age;

the offender —

the offender —

the Youth Court is satisfied that, having regard to the offender’s character, previous conduct and the circumstances of the offence, to reform the offender and prevent crime, the offender should undergo a period of training in a reformative training centre.”.

in section 32, delete paragraph (a); and

in section 59, delete paragraph (b).

in the definitions of “national digital identity service” and “user”, replace “Schedule” with “First Schedule”; and

after the definition of “program or computer program”, insert —“ “scam offence” means any offence specified in the Second Schedule;”.

in subsection (1), replace “and shall be liable” with “and, subject to subsection (5), shall be liable”; and

after subsection (4), insert —“(5) Where an individual is convicted of an offence under subsection (1), the individual shall, in addition to the punishment under that subsection, be liable to caning of not more than 12 strokes —

if the individual knew that the purpose of the disclosure or provision was for any person to commit, or to facilitate the commission by any person of, any scam offence; or

if —

it is proved, to the satisfaction of the court, that the password, access code, or means of securing access, was used to commit, or to facilitate the commission of, a scam offence; and

the individual is not able to prove, to the satisfaction of the court, that he or she had, at any time, taken reasonable steps to ensure that the password, access code or means of securing access, would not be used to commit, or to facilitate the commission of, a scam offence.(6) For the purposes of subsection (5)(a), it is not necessary for the prosecution to prove that the commission, or facilitation of the commission, of a scam offence was carried out.(7) For the purposes of subsection (5)(b)(i), it is not necessary for the prosecution to prove that any person was convicted of the scam offence.”.

in subsection (5), replace “A” with “Subject to subsections (5A) and (5B), a”;

after subsection (5), insert —“(5A) Where an individual is convicted of an offence under subsection (1)(a), the individual shall, in addition to the punishment under subsection (5), be liable to caning of not more than 12 strokes if the individual obtained or retained the credential —

for use in committing, or in facilitating the commission of, any scam offence; or

for the supply or transmission of, or making available, by any means, the credential to be used in committing, or in facilitating the commission of, any scam offence.(5B) Where an individual is convicted of an offence under subsection (1)(b), the individual shall, in addition to the punishment under subsection (5), be liable to caning of not more than 12 strokes —

if the individual knew that the credential will be used to commit, or facilitate the commission of, any scam offence; or

if —

it is proved, to the satisfaction of the court, that the credential was used to commit, or to facilitate the commission of, a scam offence; and

the individual is not able to prove, to the satisfaction of the court, that he or she had, at any time, taken reasonable steps to ensure that the credential would not be used to commit, or to facilitate the commission of, a scam offence.(5C) For the purposes of subsections (5A)(a) and (b) and (5B)(a), it is not necessary for the prosecution to prove that the credential was used to commit, or to facilitate the commission of, a scam offence.(5D) For the purposes of subsection (5B)(b)(i), it is not necessary for the prosecution to prove that any person was convicted of the scam offence.”; and

in subsection (6)(a), replace “Schedule” with “First Schedule”.

in the section heading, replace “Schedule” with “Schedules”; and

replace “Schedule” with “First and Second Schedules”.

any of the offences specified in the Fourth Schedule;

conspiracy to commit any of those offences;

inciting others to commit any of those offences;

attempting to commit any of those offences; or

aiding, abetting, counselling or procuring the commission of any of those offences;”.

in subsection (5), replace “Any” with “Subject to subsections (8) and (9), any”; and

after subsection (7), insert —“(8) Where an individual is convicted of an offence under subsection (1)(a), the individual shall, in addition to the punishment under subsection (5), be liable to caning of not more than 12 strokes if —

it is proved, to the satisfaction of the court, that the retention or control by or on behalf of another person (A) of A’s benefits from a serious scam offence was facilitated by the arrangement mentioned in subsection (1); and

the individual is not able to prove, to the satisfaction of the court, that he or she had taken reasonable steps to ensure that the retention or control of A’s benefits from a serious scam offence would not be facilitated by the arrangement.(9) Where an individual is convicted of an offence under subsection (1)(b), the individual shall, in addition to the punishment under subsection (5), be liable to caning of not more than 12 strokes if —

it is proved, to the satisfaction of the court, that by the arrangement mentioned in subsection (1), another person’s (A) benefits from a serious scam offence —

were used to secure funds that are placed at A’s disposal; or

were used for A’s benefit to acquire property; and

the individual is not able to prove, to the satisfaction of the court, that he or she had taken reasonable steps to ensure that A’s benefits from a serious scam offence would not, by the arrangement, be used to secure funds that are placed at A’s disposal or for A’s benefit to acquire property (as the case may be).(10) For the purposes of subsections (8)(a) and (9)(a), it is not necessary for the prosecution to prove that any person was convicted of the serious scam offence.”.

in subsection (5), replace “Any” with “Subject to subsection (8), any”; and

after subsection (7), insert —“(8) Where an individual is convicted of an offence under subsection (1), (2) or (3), the individual shall, in addition to the punishment under subsection (5), be liable to caning of not more than 12 strokes if —

it is proved, to the satisfaction of the court, that the property mentioned in subsection (1), (2) or (3) (as the case may be) is, or represents (in whole or in part, directly or indirectly), a person’s benefits from a serious scam offence; and

for an individual who is a person mentioned in subsection (2) or (3), the individual is not able to prove, to the satisfaction of the court, that he or she had taken reasonable steps to ensure that the property is not, and does not represent (in whole or in part, directly or indirectly), any person’s benefits from a serious scam offence.(9) For the purposes of subsection (8)(a), it is not necessary for the prosecution to prove that any person was convicted of the serious scam offence.”.

a person —

is convicted by a court of an offence punishable with imprisonment; and

is, on the day of his or her conviction, of or above 18 years of age but below 21 years of age;

a person —

is convicted by a court other than the Youth Court of an offence punishable with imprisonment;

is a person mentioned in section 42(2A)(b), (c), (d) or (e) of the Children and Young Persons Act 1993; and

is, on the day of his or her conviction, of or above 16 years of age but below 18 years of age;

a person —

is convicted by a court of an offence punishable with imprisonment;

is, on the day of his or her conviction, of or above 14 years of age but below 18 years of age;

has, before that conviction, been dealt with by a court in connection with another offence; and

had, for that offence mentioned in sub‑paragraph (iii), been ordered to be sent to a juvenile rehabilitation centre established under section 90 of the Children and Young Persons Act 1993; or

a person —

is convicted by a court of an offence punishable with imprisonment;

is, on the day of his or her conviction, of or above 14 years of age but below 18 years of age; and

is, in the opinion of the court, a person of so unruly a character that he or she cannot be safely detained in a juvenile rehabilitation centre or a place of detention,the court may impose a sentence of reformative training in lieu of any other sentence if the court is satisfied, having regard to the person’s character, previous conduct and the circumstances of the offence, that to reform the person and to prevent crime, the person should undergo a period of training in a reformative training centre.”.

in the item relating to section 195 of the Penal Code 1871, in the sixth column, after “offence”, insert “, but not caning”;

replace the item relating to section 292(1A) of the Penal Code 1871 with —“292(1A)Sale, etc., by electronic means of obscene objects to 10 or more individualsMay arrest without warrantWarrantBailableImprisonment for 2 years, or fine, or bothMagistrate’s Court or District Court292(1B)Sale, etc., of obscene objects depicting minor below 18 years of age in case mentioned in section 292(1A)May arrest without warrantWarrantBailableImprisonment for 4 years, and fineMagistrate’s Court or District Court292(1B)Sale, etc., of obscene objects depicting minor below 18 years of age in any other caseMay arrest without warrantWarrantBailableImprisonment for 2 years, or fine, or bothMagistrate’s Court or District Court292(1C)Sale, etc., by electronic means, on 2 or more occasions, of obscene objects depicting minor below 18 years of age to total number of 10 or more individualsMay arrest without warrantWarrantBailableImprisonment for 4 years, and fineMagistrate’s Court or District Court292(1C)Sale, etc., by electronic means, on 2 or more occasions, of obscene objects to total number of 10 or more individuals in any other caseMay arrest without warrantWarrantBailableImprisonment for 2 years, or fine, or bothMagistrate’s Court or District Court”;

after the item relating to section 292A of the Penal Code 1871, insert —“292B(1)Obscene object on online locationMay arrest without warrantWarrantBailableImprisonment for 5 years, and fineMagistrate’s Court or District Court292B(2)Obscene object depicting minor below 18 years of age on online locationMay arrest without warrantWarrantBailableImprisonment for 7 years, and fineMagistrate’s Court or District Court”;

in the item relating to section 304B of the Penal Code 1871, in the sixth column, replace “20 years” with “life, or imprisonment for 30 years”;

in the item relating to section 304C of the Penal Code 1871, in the sixth column, replace “20 years” with “life, or imprisonment for 30 years”;

in the item relating to section 376E(4)(a) of the Penal Code 1871, in the sixth column, replace “4 years” with “7 years”;

in the item relating to section 376E(4)(b) of the Penal Code 1871, in the sixth column, replace “3 years” with “5 years”;

in the item relating to section 376EA(4) of the Penal Code 1871, in the sixth column, replace “3 years” with “5 years”;

after the item relating to section 377BD(3) of the Penal Code 1871, insert —“377BD(6)Producing intimate image or recordingMay arrest without warrantWarrantNot bailableImprisonment for 2 years, or fine, or bothMagistrate’s Court or District Court377BD(7)If committed against any person below 14 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 2 years, and fine, or caningMagistrate’s Court or District Court”; and

in the item relating to section 401 of the Penal Code 1871, in the sixth column, delete “, and caning”.

Any person who, by any means, publishes any identity information of a public servant or a related person of a public servant, accompanied by a false statement of fact relating to the public servant that the person knows or has reason to believe is false —

with intent to prevent or deter the public servant from discharging his or her duty; or

in consequence of anything done or attempted to be done by the public servant in the lawful discharge of his or her duty,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.(2) In this section —

a statement of fact is a statement which a reasonable person seeing, hearing or otherwise perceiving it would consider to be a representation of fact; and

a statement is false if it is false or misleading, whether wholly or in part, and whether on its own or in the context in which it appears.(3) In this section —“identity information” has the meaning given by section 2(1) of the Protection from Harassment Act 2014;“public servant” has the meaning given by section 21 of the Penal Code 1871, and includes any person who, by virtue of any other written law, is deemed to be a public servant for the purposes of the Penal Code 1871;“publish”, in relation to a communication or statement, means to make the communication or statement available in any form such that the communication or statement is or can be heard, seen or otherwise perceived by the public in Singapore or a member of the public in Singapore, and includes cause to be published;“related person”, in relation to a person, means another person about whose safety or wellbeing the firstmentioned person would reasonably be expected to be seriously concerned.”.

A relevant person who —

melts, alters, defaces, puts away, disposes of or sells any goods, metals or articles; or

causes any goods, metals or articles to be melted, altered, defaced, put away, disposed of or sold,shall be guilty of an offence if —

the act mentioned in paragraph (a) or (b) was done —

within 5 days of receipt of the goods, metals or articles from any person other than another relevant person; or

after receiving information from a police officer that the goods, metals or articles had been stolen or fraudulently obtained;

the act mentioned in paragraph (a) or (b) was done without the previous permission of the Director, Criminal Investigation Department; and

the goods, metals or articles were in fact stolen or fraudulently obtained.(2) A relevant person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.(3) In this section —“articles” means platinum, gold or silver articles;“metals” means platinum, gold or silver;“relevant person” means —

any pawnbroker or any dealer in secondhand goods;

any worker in platinum, gold or silver; or

any dealer in platinum, gold or silver articles.”.

replace “sections 37 and 38” with “section 37”; and

replace “person’s business on the premises in respect of which the worker or dealer is registered under section 38” with “worker’s or dealer’s business”.

in subsection (4), replace “A” with “Subject to subsection (5), a”; and

after subsection (4), insert —“(5) Where an individual is convicted of an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), the individual shall, in addition to the punishment under subsection (4)(a), be liable to caning of not more than 12 strokes —

if the individual knew that the provision or offer of the SIM card was for any person to commit, or to facilitate the commission by any person of, any scam offence; or

if —

it is proved, to the satisfaction of the court, that the SIM card was used to commit, or to facilitate the commission of, a scam offence; and

the individual is not able to prove, to the satisfaction of the court, that he or she had, at any time, taken reasonable steps to ensure that the SIM card would not be used to commit, or to facilitate the commission of, a scam offence.(6) For the purposes of subsection (5)(a), it is not necessary for the prosecution to prove that the commission, or facilitation of the commission, of a scam offence was carried out.(7) For the purposes of subsection (5)(b)(i), it is not necessary for the prosecution to prove that any person was convicted of the scam offence.”.

in subsection (4), replace “A” with “Subject to subsection (5), a”; and

after subsection (4), insert —“(5) Where an individual is convicted of an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(ii)(A), the individual shall, in addition to the punishment under subsection (4)(a), be liable to caning of not more than 12 strokes —

if the individual knew that the personal information will be used to register a SIM card that will be used to commit, or to facilitate the commission by any person of, any scam offence; or

if —

it is proved, to the satisfaction of the court, that a SIM card registered using the personal information was used to commit, or to facilitate the commission of, a scam offence; and

the individual is not able to prove, to the satisfaction of the court, that he or she had, at any time, taken reasonable steps to ensure that, the SIM card would not be used to commit, or to facilitate the commission of, a scam offence.(6) For the purposes of subsection (5)(a), it is not necessary for the prosecution to prove that the commission, or facilitation of the commission, of a scam offence was carried out.(7) For the purposes of subsection (5)(b)(i), it is not necessary for the prosecution to prove that any person was convicted of the scam offence.”.

in subsection (9), replace “A” with “Subject to subsections (10) and (11), a”; and

after subsection (9), insert —“(10) Where an individual is convicted of an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), the individual shall, in addition to the punishment under subsection (9)(a), be liable to caning of not more than 12 strokes —

if the individual intended to use the SIM card or to supply the SIM card to any other person, to commit, or to facilitate the commission by any person of, any scam offence; or

if —

it is proved, to the satisfaction of the court, that the SIM card was used, or was supplied to another person, to commit, or to facilitate the commission of, a scam offence; and

the individual is not able to prove, to the satisfaction of the court, that he or she had, at any time, taken reasonable steps to ensure that, the SIM card would not be used to commit, or to facilitate the commission of, a scam offence.(11) Where an individual is convicted of an offence under subsection (2) involving the fault element mentioned in subsection (2)(b)(i), the individual shall, in addition to the punishment under subsection (9)(a), be liable to caning of not more than 12 strokes —

if the individual knew that the SIM card will be used to commit, or to facilitate the commission by any person of, any scam offence; or

if —

it is proved, to the satisfaction of the court, that the SIM card was used to commit, or to facilitate the commission of, a scam offence; and

the individual is not able to prove, to the satisfaction of the court, that he or she had, at any time, taken reasonable steps to ensure that the SIM card would not be used to commit, or to facilitate the commission of, a scam offence.(12) For the purposes of subsections (10)(a) and (11)(a), it is not necessary for the prosecution to prove that the commission, or facilitation of the commission, of a scam offence was carried out.(13) For the purposes of subsections (10)(b)(i) and (11)(b)(i), it is not necessary for the prosecution to prove that any person was convicted of the scam offence.”.

in subsection (6), replace “A” with “Subject to subsection (7), a”; and

after subsection (6), insert —“(7) Where an individual is convicted of an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), the individual shall, in addition to the punishment under subsection (6)(a), be liable to caning of not more than 12 strokes —

if the individual intended to use the SIM card, or to supply the SIM card to any other person, to commit, or to facilitate the commission by any person of, any scam offence; or

if —

it is proved, to the satisfaction of the court, that the SIM card was used, or was supplied to another person, to commit, or to facilitate the commission of, a scam offence; and

the individual is not able to prove, to the satisfaction of the court, that he or she had, at any time, taken reasonable steps to ensure that the SIM card would not be used to commit, or to facilitate the commission of, a scam offence.(8) For the purposes of subsection (7)(a), it is not necessary for the prosecution to prove that the commission, or facilitation of the commission, of a scam offence was carried out.(9) For the purposes of subsection (7)(b), it is not necessary for the prosecution to prove that any person was convicted of the scam offence.”.

in subsection (2), replace “A” with “Subject to subsection (3), a”; and

replace subsection (3) with —“(3) Where an individual is convicted of an offence under subsection (1) involving the fault element mentioned in subsection (1)(c)(i)(A), the individual shall, in addition to the punishment under subsection (2)(a), be liable to caning of not more than 12 strokes —

if the individual knew that the SIM card will be used to commit, or to facilitate the commission by any person of, any scam offence; or

if —

it is proved, to the satisfaction of the court, that the SIM card was used to commit, or to facilitate the commission of, a scam offence; and

the individual is not able to prove, to the satisfaction of the court, that he or she had, at any time, taken reasonable steps to ensure that the SIM card would not be used to commit, or to facilitate the commission of, a scam offence.(4) For the purposes of subsection (3)(a), it is not necessary for the prosecution to prove that the commission, or facilitation of the commission, of a scam offence was carried out.(5) For the purposes of subsection (3)(b)(i), it is not necessary for the prosecution to prove that any person was convicted of the scam offence.(6) For the purposes of this section, a reference to a retailer or telecommunication licensee includes a reference to an employee of the retailer or telecommunication licensee (as the case may be) acting in the course of the employee’s employment.”.

after the definition of “locally-linked organised criminal group”, insert —“ “locally-linked organised criminal scam group” means a group that has as its only purpose, or one of its purposes, the obtaining of a financial or other material benefit from the commission by, or the facilitation of the commission by, any person (whether or not the person is a member of the group) of any serious scam offence;”;

after the definition of “organised criminal group”, insert —“ “organised criminal scam group” means a group that has as its only purpose, or one of its purposes, the obtaining of a financial or other material benefit from the commission by, or the facilitation of the commission by, any person (whether or not the person is a member of the group) of —

any serious scam offence; or

any act outside Singapore that, if the act occurred in Singapore, would constitute a serious scam offence;”; and

replace the definition of “serious offence” with —“ “serious offence” means any offence specified in Part 1 of the Schedule;“serious scam offence” means any offence specified in Part 2 of the Schedule.”.

after subsection (1), insert —“(1A) Any person who is or acts as a member of a group, knowing that the group is a locally‑linked organised criminal scam group, commits an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both, and shall also be punished with caning with not less than 6 strokes.”; and

in subsection (2), replace “subsection (1)” with “subsection (1) or (1A)”.

incites, induces or invites another person (whether within or outside Singapore); or

uses any violence, threat or intimidation towards any other person (whether within or outside Singapore) in order to incite, induce or invite that other person,to become a member of, or to assist in the management of, a group, knowing that the group is an organised criminal scam group.(6) A person outside Singapore commits an offence if the person —

incites, induces or invites another person (whether within or outside Singapore); or

uses any violence, threat or intimidation towards any other person (whether within or outside Singapore) in order to incite, induce or invite that other person,to become a member of, or to assist in the management of, a group, knowing that the group is a locally‑linked organised criminal scam group.(7) Subject to subsection (8), a person who commits an offence under subsection (5) or (6) shall be liable on conviction —

in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both, and shall also be punished with caning with not less than 6 strokes; or

in any other case, to a fine not exceeding $500,000.(8) If a person (A) commits an offence under subsection (5) or (6) and it is proved that A knows or has reasonable grounds to believe that the other person mentioned in subsection (5) or (6) (as the case may be) was, at the time of the offence, a vulnerable person or below 21 years of age, A shall be liable on conviction —

in the case of an individual, to a fine not exceeding $350,000 or to imprisonment for a term not exceeding 7 years or to both, and shall also be punished with caning with not less than 6 strokes; or

in any other case, to a fine not exceeding $700,000.(9) For the purposes of subsections (4) and (8), if it is proved that the other person mentioned in subsection (1), (2), (5) or (6) (as the case may be) was at the time of the offence, a vulnerable person or below 21 years of age, A is presumed, unless otherwise proven, to know or to have reasonable grounds to believe that that other person was, at the time of the offence, a vulnerable person or below 21 years of age (as the case may be).(10) In this section, “vulnerable person” means any person who suffers from an impairment of, or a disturbance in the functioning of, the mind or brain resulting from any disability or disorder of the mind or brain which impairs the person’s ability to make a proper judgment in relation to whether or not to become a member of, or to assist in the management of, a locally‑linked organised criminal group, locally‑linked organised criminal scam group, organised criminal group or organised criminal scam group.”.

replace the Schedule heading with —“PART 1SERIOUS OFFENCES”; and

after item 199, insert —“Part 2SERIOUS SCAM OFFENCES1.An offence under section 420(2) of the Penal Code 1871.”.

in subsection (1), after “to be punished”, insert “, except that he shall not be punished with caning”; and

in the Illustration, replace “with caning” with “but is not liable to caning”.

in the section heading, replace “books” with “objects”;

replace subsection (1) with —“(1) Whoever —

sells, lets to hire, distributes, publicly exhibits or puts into circulation any obscene object by any means (electronic or otherwise);

makes, produces or has in his possession any obscene object for the purposes of sale, hire, distribution, public exhibition or circulation of such object by any means (electronic or otherwise);

imports, exports or conveys any obscene object —

for the purposes of sale, hire, distribution, public exhibition or circulation of such object by any means (electronic or otherwise); or

knowing or having reason to believe that such object will be sold, let to hire, distributed, publicly exhibited or put into circulation by any means (electronic or otherwise);

takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any obscene object is —

made, produced, purchased, kept, imported, exported or conveyed for the purposes of sale, hire, distribution, public exhibition or circulation of such object by any means (electronic or otherwise); or

sold, let to hire, distributed, publicly exhibited or put into circulation, by any means (electronic or otherwise);

advertises, or makes known by any means whatsoever, that any person is engaged or is ready to engage in any act which is an offence under this section, or that any obscene object can be procured from or through any person; or

offers or attempts to do any act which is an offence under this section,shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 3 months, or with fine, or with both.”;

replace subsection (1A) with —“(1A) Subject to subsection (1B)(a), a person who is guilty of an offence under subsection (1) shall, in the following cases be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both:

for an offence under subsection (1)(a) — if the person sells, lets to hire, distributes, publicly exhibits or circulates, by electronic means, the obscene object to 10 or more individuals;

for an offence under subsection (1)(b) — if the person makes, produces or has in his possession the obscene object for the purposes of sale, hire, distribution, public exhibition or circulation of such object by electronic means, to 10 or more individuals;

for an offence under subsection (1)(c)(i) — if the person imports, exports or conveys the obscene object for the purposes of sale, hire, distribution, public exhibition or circulation of such object by electronic means, to 10 or more individuals;

for an offence under subsection (1)(c)(ii) — if the person imports, exports or conveys the obscene object knowing or having reason to believe that such object will be sold, let to hire, distributed, publicly exhibited or circulated, by electronic means, to 10 or more individuals;

for an offence under subsection (1)(d)(i) — if the person takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such obscene object is made, produced, purchased, kept, imported, exported or conveyed, for the purposes of sale, hire, distribution, public exhibition or circulation of such object by electronic means, to 10 or more individuals;

for an offence under subsection (1)(d)(ii) — if the person takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such obscene object is sold, let to hire, distributed, publicly exhibited or put into circulation, by electronic means, to 10 or more individuals;

for an offence under subsection (1)(e) — if the person advertises, or makes known by any means whatsoever, that —

any person is engaged or is ready to engage in any act mentioned in paragraph (a), (b), (c), (d), (e) or (f) which is an offence under subsection (1)(a), (b), (c) or (d); or

any such obscene object can be procured from or through any person for the purposes of sale, hire, distribution, public exhibition or circulation, by electronic means, to 10 or more individuals;

for an offence under subsection (1)(f) — if the person offers or attempts to do any act mentioned in paragraph (a), (b), (c), (d), (e), (f) or (g) which is an offence under subsection (1)(a), (b), (c), (d) or (e).(1B) A person who is guilty of an offence under subsection (1) in the case where the obscene object mentioned in that subsection depicts an image of a person who is, or who appears to a reasonable observer to be, or is implied to be, below 18 years of age —

in the case of any offence under subsection (1)(a), (b), (c), (d), (e) or (f) for any act mentioned in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of subsection (1A) — shall be punished with imprisonment for a term which may extend to 4 years, and shall also be liable to a fine; or

in any other case — shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.(1C) Whoever, on 2 or more occasions, sells, lets to hire, distributes, publicly exhibits or puts into circulation, by electronic means, any obscene object, to a total number of 10 or more individuals, shall be guilty of an offence and on conviction —

if the obscene object depicts an image of a person who is, or who appears to a reasonable observer to be, or is implied to be, below 18 years of age — shall be punished with imprisonment for a term which may extend to 4 years, and shall also be liable to a fine; or

in any other case — shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.”;

replace subsection (2) with —“(2) For the purposes of this section and sections 292B and 293 —“object” includes data stored in a computer disc, or by other electronic means, that is capable of conversion to images, writing or any other form of representation;“obscene object” means any obscene book, pamphlet, paper, drawing, painting, representation or figure, or any other obscene object whatsoever.”;

in subsection (3), replace “this section and section 293” with “this section and sections 292B and 293”; and

in subsection (3), in the Exception, replace “This section does not” with “This section and section 292B do not”.

If any obscene object is sold, let for hire, distributed, publicly exhibited or circulated to 10 or more individuals on an online location, any person —

who (whether or not the person provides an online service on or through which the online location can be accessed) —

develops and maintains the online location;

organises, manages or supervises the use of the online location;

manages or regulates membership of, or access to, the online location; or

has the authority to decide whether any material may be included or excluded on the online location, or where to place the material on the online location or otherwise exercise editorial control over the online location; and

who, in doing the act mentioned in paragraph (a), intended that the online location be used to enable or facilitate the sale, hire, distribution, public exhibition or circulation of obscene objects generally,shall be guilty of an offence and shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine.(2) A person who is guilty of an offence under subsection (1) in the case where the obscene object mentioned in that subsection depicts an image of a person who is, or who appears to a reasonable observer to be, or who is implied to be, below 18 years of age shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.(3) In this section —“online location” means any internet domain, website, webpage, chatroom, channel, group, forum or any other location, that can be accessed by means of the Internet;“online service” means the whole or any part of any service on or through which online activity can be conducted and which can be accessed by means of the Internet.”.

imprisonment for life and shall also be liable to caning; or

imprisonment for a term which may extend to 30 years, and shall also be liable to fine or to caning.”.

imprisonment for life and shall also be liable to caning; or

imprisonment for a term which may extend to 30 years, and shall also be liable to fine or to caning.”.

in subsection (1), replace paragraph (a) with —“(a)any of the following acts takes place:

A intentionally meets B in Singapore; (ii)A travels in Singapore with the intention of meeting B in Singapore;

A travels from a location in Singapore with the intention of meeting B outside Singapore;

B travels in Singapore to attend a meeting with A in Singapore which A has either initiated or agreed to whether expressly or by implication;

B travels from a location in Singapore to attend a meeting with A outside Singapore which A has either initiated or agreed to whether expressly or by implication; and”;

in subsection (1)(b), replace sub‑paragraph (i) with —“(i)A intends, during or after the meeting —

to do (in Singapore) anything to or in respect of B which will involve the commission by A of a relevant offence; or

to do (outside Singapore) anything to or in respect of B which would, if done in Singapore, involve the commission by A of a relevant offence;”;

in subsection (4)(a), replace “4 years” with “7 years”; and

in subsection (4)(b), replace “3 years” with “5 years”.

in subsection (1), replace paragraph (a) with —“(a)any of the following acts takes place:

A intentionally meets B in Singapore;

A travels in Singapore with the intention of meeting B in Singapore;

A travels from a location in Singapore with the intention of meeting B outside Singapore;

B travels in Singapore to attend a meeting with A in Singapore which A has either initiated or agreed to whether expressly or by implication;

B travels from a location in Singapore to attend a meeting with A outside Singapore which A has either initiated or agreed to whether expressly or by implication; and”;

in subsection (1)(b), replace sub‑paragraph (i) with —“(i)A intends, during or after the meeting —

to do (in Singapore) anything to or in respect of B which will involve the commission by A of a relevant offence; or

to do (outside Singapore) anything to or in respect of B which would, if done in Singapore, involve the commission by A of a relevant offence;”;

in subsection (2)(c), replace “section 7 of the Children and Young Persons Act” with “section 8 of the Children and Young Persons Act 1993”; and

in subsection (4), replace “3 years” with “5 years”.

in the section heading, after “recording”, insert “and production of intimate image or recording”;

in subsection (2), replace “this section” with “subsection (1)”;

in subsection (3), after “subsection (1)(a)”, insert “or (b)”; and

after subsection (4), insert —“(5) Any person who intentionally produces an intimate image or recording (as defined in section 377BE(5)) of another person (B) —

without the consent of B; and

knowing or having reason to believe that the production of the image or recording will or is likely to cause humiliation, alarm or distress to B,shall be guilty of an offence.(6) Subject to subsection (7), a person who is guilty of an offence under subsection (5) shall on conviction be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.(7) If the intimate image or recording mentioned in subsection (5) is of a person below 14 years of age, a person who is guilty of an offence under subsection (5) shall on conviction be punished with imprisonment for a term which may extend to 2 years, and shall also be liable to fine or to caning.(8) For the purposes of subsection (5), the ways in which material is produced may include —

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

altering or manipulating material; or

reproducing or copying material.”.

in subsection (5)(b), after “that has been altered”, insert “or generated”;

in subsection (5)(b), after “so altered”, insert “or generated”; and

after subsection (5), insert —“(6) For the purposes of subsection (2), it is not necessary for the prosecution to prove —

that the image or recording mentioned in the threat exists; or

if the image or recording mentioned in the threat exists, that it is in fact an intimate image or recording.”.

in subsection (2)(b), delete “or the abusive material, as the case may be,”; and

in subsection (5), replace “child abuse material” wherever it appears with “child abuse material or abusive material (as the case may be)”.

in the definition of “child abuse material”, after “following”, insert “(whether or not any child was involved in the production of the material)”; and

replace the second definition of “image” with —“ “image”, in relation to a person, means —

an image of a human being who is not fictional or imaginary (whether identifiable or not); or

an image of a fictional or imaginary human being that so closely resembles an image of a human being who is not fictional or imaginary (whether identifiable or not) as to make it difficult for an ordinary person to distinguish the firstmentioned image from an image of a human being who is not fictional or imaginary;”.

A person (A) is said to “cheat by remote communication” if A cheats by deceiving another person (Z), and the deception is conducted mainly by way of remote communication with Z.(2) In this section, “remote communication” means communication through —

the Internet;

telephone or any other communication device;

television or radio; or

any other kind of electronic or other technology for facilitating communication,but excludes any specific system or method of communication that the Minister, by order in the Gazette, declares is not remote communication for the purposes of this section.”.

renumber the section as subsection (1) of that section;

in subsection (1), after “fine”, insert “or to caning or to both”; and

after subsection (1), insert —“(2) Whoever cheats by remote communication and thereby dishonestly induces any of the acts mentioned in subsection (1) shall be punished with imprisonment for a term which may extend to 10 years and with caning with not less than 6 strokes, and shall also be liable to fine.”.

replace subsection (1A) with —“(1A) An individual or entity that, by any means, publishes any identity information of a public servant or public service worker or a related person of a public servant or public service worker —

with intent to cause harassment, alarm or distress to the public servant or public service worker; and

either —

with intent to prevent or deter the public servant or public service worker from discharging the duty of that public servant or public service worker; or

in consequence of anything done or attempted to be done by the public servant or public service worker in the lawful discharge of the duty of that public servant or public service worker,shall be guilty of an offence.”; and

in subsection (1A)(a) (as amended by paragraph (a)), replace “or distress” with “, distress or humiliation”.

delete “to caning, or”; and

replace “any 2 of these punishments” with “both”.

delete “to caning, or”; and

replace “any 2 of these punishments” with “both”.

replace subsection (1) with —“(1) If —

a person having been convicted of 2 or more specified offences is again convicted of any one of the specified offences (whether or not the same specified offence); and

the court is satisfied, by reason of the person’s previous convictions or the person’s antecedents, that it is expedient for the protection of the public or with the view to the prevention of further commission of any such offence that a punishment in excess of that prescribed for such a conviction should be awarded,the court may punish the offender with punishment not exceeding 3 times the amount of punishment to which he or she would otherwise have been liable for the conviction except that where imprisonment is imposed it shall not exceed 10 years.”; and

in subsection (3), delete the definition of “serious injury”.

any private property that is of national, cultural or religious significance, including (but not limited to) —

any national monument;

any place of worship;

any place of sepulture;

any place set apart for the performance of funeral rites; and

any place set apart as a depository for the remains of the dead; and

any private property that is prescribed by order made under section 9;”.

Despite the provisions of any other written law, any person who commits any act of vandalism or attempts to do any such act or causes any such act to be done shall be guilty of an offence and shall be liable on conviction to a punishment set out in the following table:Type of vandalismProperty vandalised Conviction Punishment on conviction1.Delible vandalismAny property First conviction under this Act Liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years2.Delible vandalismAny private property that is not designated private property Second or subsequent conviction under this Act Liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years3.Delible vandalism(a)Any public property; or

Any designated private property Second or subsequent conviction under this Act Liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years and, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, liable to caning with not more than 8 strokes4.Indelible vandalismAny private property that is not designated private property Any conviction Liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years5.Indelible vandalism(a)Any public property; or

Any designated private property Any conviction Liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years and, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, liable to caning with not more than 8 strokes6.Destructive vandalismPublic property Any conviction Liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years and, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, liable to caning with not more than 8 strokes.(2) In this section —“delible vandalism” means an act falling within —

paragraph (a)(i) of the definition of “act of vandalism” in section 2, if the writing, drawing, mark or inscription is done with pencil, crayon, chalk or other delible substance or thing and not with paint, tar or other indelible substance or thing; or

paragraph (a)(ii) or (iii) of that definition;“destructive vandalism” means an act falling within paragraph (b) of the definition of “act of vandalism” in section 2;“indelible vandalism” means an act falling within paragraph (a)(i) of the definition of “act of vandalism” in section 2, other than an act of delible vandalism.”.

The Minister may, by order in the Gazette, prescribe private property for the purposes of the definition of “designated private property” in section 2.(2) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.”.