Sexual offences
Rape
375.—(1)  Any man who penetrates the vagina of a woman with his penis —
(a)without her consent; or
(b)with or without her consent, when she is under 14 years of age,
shall be guilty of an offence.
[51/2007]
(1A)  Any man (A) who penetrates, with A’s penis, the anus or mouth of another person (B) —
(a)without B’s consent; or
(b)with or without B’s consent, when B is below 14 years of age,
shall be guilty of an offence.
[Act 15 of 2019 wef 01/01/2020]
(2)  Subject to subsection (3), a man who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.
[51/2007]
(3)  Whoever —
(a)in order to commit or to facilitate the commission of an offence under subsection (1) or (1A) —
(i)voluntarily causes hurt to any person; or
(ii)puts a person in fear of death or hurt to that person or any other person;
(b)commits an offence under subsection (1) or (1A) against a person below 14 years of age without that person’s consent; or
(c)commits an offence under subsection (1) or (1A) against a person below 14 years of age with whom the offender is in a relationship that is exploitative of that person,
shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning of not less than 12 strokes.
[Act 15 of 2019 wef 01/01/2020]
(4)  No man shall be guilty of an offence under subsection (1)(b) or (1A)(b) for an act of penetration against his wife with her consent.
[Act 15 of 2019 wef 01/01/2020]
(5)  Despite section 79, no man shall be guilty of an offence under subsection (1)(a) or (1A)(a) if he proves that by reason of mistake of fact in good faith, he believed that the act of penetration against a person was done with consent.
[Act 15 of 2019 wef 01/01/2020]
(6)  No man shall be punished under subsection (3)(b) if he proves that by reason of mistake of fact in good faith, he believed that the act of penetration against a person below 14 years of age was done with consent.
[Act 15 of 2019 wef 01/01/2020]
[UK SOA 2003, s. 1; SPC 1985 Ed., s. 375 (repealed); SPC 1985 Ed., s. 376 (repealed); Indian PC 1860, s. 375; Malaysia PC 2006 Ed., s. 375]
Sexual assault involving penetration
376.—(1)  Any man (A) who causes another man (B) to penetrate with B’s penis, the anus or mouth of A —
(a)without B’s consent; or
(b)with or without B’s consent, when B is below 14 years of age,
shall be guilty of an offence.
[Act 15 of 2019 wef 01/01/2020]
(2)  Any person (A) who —
(a)sexually penetrates, with a part of A’s body (other than A’s penis, if a man) or anything else, the vagina or anus, as the case may be, of another person (B);
[Act 15 of 2019 wef 01/01/2020]
(b)causes a man (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or
[Act 15 of 2019 wef 01/01/2020]
(c)causes another person (B), to sexually penetrate, with a part of B’s body (other than B’s penis, if a man) or anything else, the vagina or anus, as the case may be, of any person including A or B,
shall be guilty of an offence if B did not consent to the penetration or if B is below 14 years of age, whether B did or did not consent to the penetration.
[51/2007]
[Act 15 of 2019 wef 01/01/2020]
(3)  Subject to subsection (4), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.
[51/2007]
(4)  Whoever —
(a)in order to commit or to facilitate the commission of an offence under subsection (1) or (2) —
(i)voluntarily causes hurt to any person; or
(ii)puts any person in fear of death or hurt to himself or any other person;
[Act 15 of 2019 wef 01/01/2020]
(b)commits an offence under subsection (1) or (2) against a person below 14 years of age without that person’s consent; or
[Act 15 of 2019 wef 01/01/2020]
(c)commits an offence under subsection (1) or (2) against a person below 14 years of age with whom the offender is in a relationship that is exploitative of that person,
shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.
[Act 15 of 2019 wef 01/01/2020]
(5)  No person shall be guilty of an offence under subsection (1) or (2) —
(a)for an act of penetration against his or her spouse with the consent of that spouse; or
(b)if despite section 79, that person proves that by reason of mistake of fact in good faith, the person believed that B mentioned in those subsections did consent to the penetration and B was not below 14 years of age.
[Act 15 of 2019 wef 01/01/2020]
(6)  No man shall be punished under subsection (4)(b) if he proves that by reason of mistake of fact in good faith, he believed that the act of penetration against a person below 14 years of age was done with consent.
[51/2007]
[Act 15 of 2019 wef 01/01/2020]
[UK SOA 2003, ss. 2, 4; SPC 1985 Ed., s. 376(2) (repealed)]
Sexual penetration of minor under 16
376A.—(1)  Any person (A) who —
(a)penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person under 16 years of age (B);
(b)sexually penetrates, with a part of A’s body (other than A’s penis, if a man) or anything else, the vagina or anus, as the case may be, of a person under 16 years of age (B);
[Act 15 of 2019 wef 01/01/2020]
(c)causes a man under 16 years of age (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or
(d)causes a person under 16 years of age (B) to sexually penetrate, with a part of B’s body (other than B’s penis, if a man) or anything else, the vagina or anus, as the case may be, of any person including A or B,
shall be guilty of an offence.
[51/2007]
[Act 15 of 2019 wef 01/01/2020]
(1A)  This section does not apply to an act of penetration mentioned in subsection (1) which would constitute an offence under section 375(1)(a), 375(1)(b) read with section 375(3), 375(1A)(a), 375(1A)(b) read with section 375(3), 376(1)(a), 376(1)(b) read with section 376(4), 376(2) (if the victim B is of or above 14 years of age) or 376(2) (if the victim B is below 14 years of age) read with section 376(4).
[Act 15 of 2019 wef 01/01/2020]
(1B)  To avoid doubt —
(a)it is not necessary for the prosecution to prove that B did consent to an act of penetration mentioned in subsection (1); and
(b)it is not a defence that B did consent to that act.
[Act 15 of 2019 wef 01/01/2020]
(2)  Whoever commits an offence under this section against a person (B) who is of or above 14 years of age but below 16 years of age —
(a)in a case where the offender is in a relationship that is exploitative of B, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning; and
(b)in any other case, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
[Act 15 of 2019 wef 01/01/2020]
(3)  Whoever commits an offence under this section against a person (B) who is under 14 years of age shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.
[51/2007]
(4)  No person shall be guilty of an offence under this section for an act of penetration against his or her spouse with the consent of that spouse.
[51/2007]
(5)  [Deleted by Act 15 of 2019 wef 01/01/2020]
[UK SOA 2003, ss. 6, 8; SPC 1985 Ed., s. 375(e) (read with s. 376(1) (repealed)); SPC 1985 Ed., s. 375; Malaysia PC 2006 Ed., s. 375]
Exploitative sexual penetration of minor of or above 16 but below 18 years of age
376AA.—(1)  Any person (A) who is in a relationship that is exploitative of a person of or above 16 years of age but below 18 years of age (B) shall be guilty of an offence if A
(a)penetrates, with A’s penis, if A is a man, the vagina, anus or mouth, as the case may be, of B;
(b)sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of B;
(c)causes B, if a man, to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or
(d)causes B to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of any person including A or B.
(2)  For the purposes of subsection (1) —
(a)it is not necessary for the prosecution to prove that B did or did not consent to the act mentioned in that subsection; and
(b)to avoid doubt, it is not a defence that B did consent to that act.
(3)  A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning.
[Act 15 of 2019 wef 01/01/2020]
Commercial sex with minor under 18
376B.—(1)  Any person who obtains for consideration the sexual services of a person, who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
[51/2007]
(2)  Any person who communicates with another person for the purpose of obtaining for consideration, the sexual services of a person who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[51/2007]
(3)  No person shall be guilty of an offence under this section for any sexual services obtained from that person’s spouse.
[51/2007]
(4)  In this section, “sexual services” means any sexual services involving —
(a)sexual penetration of the vagina or anus, as the case may be, of a person by a part of another person’s body (other than the penis) or by anything else;
[Act 15 of 2019 wef 01/01/2020]
(b)penetration of the vagina, anus or mouth, as the case may be, of a person by a man’s penis; or
[51/2007]
[Act 15 of 2019 wef 01/01/2020]
(c)touching which is sexual of another person or of himself or herself.
[Act 15 of 2019 wef 01/01/2020]
[Canada CC R.S. 1985, s. 212; SPC 1985 Ed., s. 376A(1)]
Commercial sex with minor under 18 outside Singapore
376C.—(1)  Any person, being a citizen or a permanent resident of Singapore, who does, outside Singapore, any act that would, if done in Singapore, constitute an offence under section 376B, shall be guilty of an offence.
[51/2007]
(1A)  To avoid doubt, any person (A) who does in Singapore, any act involving a person below 18 years of age (B) who is outside Singapore, that would if B were in Singapore constitute an offence under section 376B, shall be guilty of an offence.
[Act 15 of 2019 wef 01/01/2020]
(1B)  Any person who does outside Singapore, any act involving a person below 18 years of age who is in Singapore, that would if done in Singapore constitute an offence under section 376B, shall be guilty of an offence.
[Act 15 of 2019 wef 01/01/2020]
(2)  A person who is guilty of an offence under this section shall be punished with the same punishment with which he would have been punished had he been convicted of an offence under section 376B.
[51/2007]
[NZ CA 1961, s. 144A]
[Act 15 of 2019 wef 01/01/2020]
Tour outside Singapore for commercial sex with minor under 18
376D.—(1)  Any person who —
(a)makes or organises any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person;
(b)transports any other person to a place outside Singapore with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person; or
(c)prints, publishes or distributes any information that is intended to promote conduct that would constitute an offence under section 376C, or to assist any other person to engage in such conduct,
shall be guilty of an offence.
[51/2007]
(2)  For the purposes of subsection (1)(c), the publication of information means publication of information by any means, whether by written, electronic, or other form of communication.
[51/2007]
(3)  A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
[51/2007]
[NZ CA 1961, s. 144C]
Sexual grooming of minor under 16
376E.—(1)  Any person of or above the age of 18 years (A) shall be guilty of an offence if having met or communicated with another person (B) on at least one previous occasion —
(a)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
[Act 15 of 2019 wef 01/01/2020]
(b)at the time of the acts referred to in paragraph (a) —
(i)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;
(ii)B is under 16 years of age; and
(iii)A does not reasonably believe that B is of or above the age of 16 years.
[51/2007]
[Act 15 of 2019 wef 01/01/2020]
(2)  In subsection (1), “relevant offence” means an offence under —
(a)section 355, 372, 373, 373A, 375, 376, 376A, 376B, 376C, 376EB, 376ED, 376F, 376H, 377(3), 377A, 377B(3), 377BA, 377BB, 377BF, 377BG or 377BH;
[Act 15 of 2019 wef 01/01/2020]
(b)section 7 of the Children and Young Persons Act (Cap. 38); or
(c)section 140(1) of the Women’s Charter (Cap. 353).
[51/2007]
(3)  For the purposes of this section, it is immaterial whether the previous occasion of A having met or communicated with B referred to in subsection (1) took place in or outside Singapore.
[51/2007]
[Act 15 of 2019 wef 01/01/2020]
(4)  A person who is guilty of an offence under this section shall on conviction —
(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 4 years, or with fine, or with both; or
(b)in any other case, be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
[Act 15 of 2019 wef 01/01/2020]
[UK SOA 2003, s. 15]
Exploitative sexual grooming of minor of or above 16 but below 18 years of age
376EA.—(1)  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)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
(b)at the time of the acts mentioned in paragraph (a) —
(i)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;
(ii)B is of or above 16 but below 18 years of age;
(iii)A does not reasonably believe that B is of or above 18 years of age; and
(iv)A is in a relationship that is exploitative of B.
(2)  In subsection (1), “relevant offence” means an offence under —
(a)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
(b)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.
[Act 15 of 2019 wef 01/01/2020]
Sexual communication with minor below 16 years of age
376EB.—(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 communicated with B;
(b)the communication is sexual;
(c)at the time of the communication, B is below 16 years of age; and
(d)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 —
(a)whether B replied or responded to A’s communication mentioned in subsection (1); and
(b)whether such communication originated in Singapore provided that either A or B was in Singapore at the time of such communication.
(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 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.
[Act 15 of 2019 wef 01/01/2020]
Exploitative sexual communication with minor of or above 16 but below 18 years of age
376EC.—(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 communicated with B;
(b)the communication is sexual;
(c)at the time of the communication, B is of or above 16 but below 18 years of age;
(d)A does not reasonably believe that B is of or above 18 years of age; and
(e)B is in a relationship with A that is exploitative of B.
(2)  For the purposes of this section, it is immaterial —
(a)whether B replied or responded to A’s communication mentioned in subsection (1); and
(b)whether such communication originated in Singapore provided that either A or B was in Singapore at the time of such communication.
(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.
[Act 15 of 2019 wef 01/01/2020]
Sexual activity or image in presence of minor below 16 years of age
376ED.—(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.
(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.
(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.
(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.
[Act 15 of 2019 wef 01/01/2020]
Exploitative sexual activity or image in presence of minor of or above 16 but below 18 years of age
376EE.—(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 of or above 16 but below 18 years of age;
(e)A does not reasonably believe that B is of or above 18 years of age; and
(f)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 —
(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 of or above 16 but below 18 years of age;
(d)A does not reasonably believe that B is of or above 18 years of age;
(e)A is in a relationship with B that is exploitative of B; and
(f)either A or B is or both are in 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 one year, or with fine, or with both.
[Act 15 of 2019 wef 01/01/2020]
Procurement of sexual activity with person with mental disability
376F.—(1)  Any person (A) shall be guilty of an offence if —
(a)A intentionally touches another person (B) or intentionally incites B to touch A or B or another person;
[Act 15 of 2019 wef 01/01/2020]
(b)the touching is sexual and B consents to the touching;
(c)A obtains B’s consent —
(i)where B is not A’s spouse, by means of an inducement offered or given, a threat made or a deception practised by A for that purpose; or
(ii)where B is A’s spouse, by means of a threat made or a deception practised by A for that purpose;
[Act 15 of 2019 wef 01/01/2020]
(ca)B has a mental disability; and
[Act 15 of 2019 wef 01/01/2020]
(d)A knows or could reasonably be expected to know that B has a mental disability.
[51/2007]
(2)  Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments.
[51/2007]
[Act 27 of 2018 wef 19/12/2018]
(3)  If the touching involved —
(a)penetration of the vagina or anus, as the case may be, with a part of the body or anything else; or
(b)penetration of the mouth with the penis,
a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to a fine or to caning.
[51/2007]
[Act 27 of 2018 wef 19/12/2018]
(4)  [Deleted by Act 15 of 2019 wef 01/01/2020]
(5)  For the purposes of this section —
“mental disability” means 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 ability to make a proper judgement in the giving of consent to sexual touching;
[Deleted by Act 15 of 2019 wef 01/01/2020]
[51/2007]
[UK SOA 2003, ss. 34, 79; UK MH Bill 2004, clause 2(6)]
Incest
376G.—(1)  Any person (A) of or above 16 years of age who —
(a)penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person of or above 16 years of age who is a close family relative (B);
(b)sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of a person of or above 16 years of age who is a close family relative (B);
(c)causes or permits a man of or above 16 years of age who is a close family relative (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of A; or
(d)causes or permits a person of or above 16 years of age who is a close family relative (B) to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of A,
knowing that B is a close family relative, shall be guilty of an offence.
(2)  For the purposes of subsection (1), B is a close family relative of A if B is A’s grandchild, child, sibling, half-sibling, parent or grandparent (whether such relationship is or is not traced through lawful wedlock).
(3)  A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 5 years.
(4)  This section does not apply to an act of penetration mentioned in subsection (1) which would constitute an offence under section 375(1)(a), 375(1A)(a), 376(1)(a) or (2) or 376AA(1).
(5)  To avoid doubt —
(a)it is not necessary for the prosecution to prove that B did consent to the act of penetration mentioned in subsection (1); and
(b)it is not a defence that B did consent to that act.
(6)  A person below 18 years of age who is a victim of an offence under section 376AA is not guilty of an offence under this section in respect of the same acts constituting the offence under that section.
[Act 15 of 2019 wef 01/01/2020]
Procurement of sexual activity by deception or false representation
376H.—(1)  Any person (A) shall be guilty of an offence if —
(a)A intentionally touches another person (B) or intentionally incites B to touch A or B or another person;
(b)the touching is sexual and B consents to the touching;
(c)A fraudulently obtains B’s consent by means of deception or false representation practised or made by A for that purpose;
(d)the deception or false representation mentioned in paragraph (c) relates to —
(i)the use or manner of use of any sexually protective measure; or
(ii)whether A or another person whom B is incited to touch is suffering from or is a carrier of a sexually transmitted disease; and
(e)A knows or has reason to believe that the consent was given in consequence of such deception or false representation.
(2)  A person who is guilty of an offence under subsection (1) shall —
(a)in the case where the sexual touching mentioned in that subsection involved —
(i)penetration of the vagina or anus (as the case may be) with a part of the body or anything else; or
(ii)penetration of the mouth with the penis,
be punished on conviction with imprisonment for a term which may extend to 10 years, or with fine, or with caning, or any combination of such punishments; and
(b)in any other case, be punished on conviction with imprisonment for a term which may extend to 2 years, or with fine, or with both.
(3)  For the purposes of subsection (1) —
(a)a person makes a false representation if it is untrue or misleading, and that person knows that it is, or might be, untrue or misleading;
(b)a representation may be express or implied; and
(c)a “sexually protective measure” means —
(i)where B is female, a device, drug or medical procedure to prevent pregnancy or sexually transmitted diseases as a result of sexual intercourse; or
(ii)where B is male, a device, drug or medical procedure to prevent sexually transmitted diseases as a result of sexual intercourse.
[Act 15 of 2019 wef 01/01/2020]
Sexual penetration of a corpse
377.—(1)  Any man who penetrates, with his penis, the vagina, anus or mouth, as the case may be, of a human corpse, shall be guilty of an offence.
[51/2007]
(2)  A man who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[51/2007]
(3)  Any person (A) who causes any man (B) to penetrate with B’s penis, the vagina, anus or mouth, as the case may be, of a human corpse, shall be guilty of an offence if B did not consent to the penetration.
[51/2007]
(4)  A person who is guilty of an offence under subsection (3) shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.
[51/2007]
[UK SOA 2003, s. 70]
Outrages on decency
377A.  Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years.
Sexual penetration with living animal
377B.—(1)  Any person (A) who —
(a)penetrates, with A’s penis, the vagina, anus or any orifice of an animal; or
(b)causes or permits A’s vagina, anus or mouth, as the case may be, to be penetrated by the penis of an animal,
shall be guilty of an offence.
[51/2007]
(2)  A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[51/2007]
(3)  Any person (A) who —
(a)causes any man (B) to penetrate, with B’s penis, the vagina, anus or any orifice of an animal; or
(b)causes the vagina, anus or mouth, as the case may be, of another person (B) to be penetrated with the penis of an animal,
shall be guilty of an offence if B did not consent to the penetration.
[51/2007]
(4)  A person who is guilty of an offence under subsection (3) shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.
[51/2007]
[UK SOA 2003, s. 69]
Word or gesture intended to insult modesty of any person
377BA.  Whoever, intending to insult the modesty of any person, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound will be heard, or that such gesture or object will be seen by such person, or intrudes upon the privacy of such person, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
[Act 15 of 2019 wef 01/01/2020]
Voyeurism
377BB.—(1)  Any person (A) shall be guilty of an offence who —
(a)intentionally observes another person (B) doing a private act without B’s consent; and
(b)knows or has reason to believe that B does not consent to being observed.
(2)  Any person (A) shall be guilty of an offence who —
(a)operates equipment with the intention of enabling A or another person to observe a third person (B) doing a private act without B’s consent; and
(b)knows or has reason to believe that B (whether B’s private act was recorded or not) does not consent to A operating equipment with that intention.
(3)  Any person (A) shall be guilty of an offence who —
(a)intentionally or knowingly records another person (B) doing a private act without B’s consent; and
(b)knows or has reason to believe that B does not consent to A recording the act.
(4)  Any person (A) shall be guilty of an offence who —
(a)operates equipment without another person’s (B) consent with the intention of enabling A or another person (C) to observe B’s genitals, breasts if B is female, or buttocks (whether exposed or covered) in circumstances where the genitals, breasts, buttocks or underwear would not otherwise be visible; and
(b)knows or has reason to believe that B (whether B’s image was recorded or not) does not consent to A operating the equipment with that intention.
(5)  Any person (A) shall be guilty of an offence who —
(a)intentionally or knowingly records without another person’s (B) consent an image of B’s genitals, breasts if B is female, or buttocks (whether exposed or covered), in circumstances where the genitals, breasts, buttocks or underwear would not otherwise be visible; and
(b)knows or has reason to believe that B does not consent to A recording the image.
(6)  Any person (A) who installs equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling A or another person to commit an offence under subsection (1), (2), (3), (4) or (5) shall be guilty of an offence.
(7)  Subject to subsection (8), a person who is guilty of an offence under this section shall on conviction be punished with imprisonment for a term which may extend to 2 years, or with fine, or with caning, or with any combination of such punishments.
(8)  A person who commits an offence under this section against a person who is below 14 years of age 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.
(9)  In any proceedings for an offence under this section, where a person (A) has made a recording of another person (B) doing a private act or of B’s genitals, breasts if B is female, or buttocks (whether exposed or covered), in circumstances where the genitals, breasts or buttocks would not otherwise be visible, it is presumed until the contrary is proved that B did not consent to A making the recording.
[Act 15 of 2019 wef 01/01/2020]
Distribution of voyeuristic image or recording
377BC.—(1)  Any person (A) shall be guilty of an offence who —
(a)intentionally or knowingly distributes an image or recording of another person (B) without B’s consent to the distribution;
(b)knowing or having reason to believe that the image or recording was obtained through the commission of an offence under section 377BB; and
(c)knows or has reason to believe that B does not consent to the distribution.
(2)  Any person (A) shall be guilty of an offence who —
(a)intentionally or knowingly has in his possession an image or recording of another person (B) for the purpose of distribution without B’s consent to the distribution;
(b)knowing or having reason to believe that the image or recording was obtained through the commission of an offence under section 377BB; and
(c)knows or has reason to believe that B does not consent to the distribution.
(3)  Subject to subsection (4), a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or any combination of such punishments.
(4)  Where the image or recording in subsection (1) or (2) is of a person below 14 years of age, a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine or to caning.
[Act 15 of 2019 wef 01/01/2020]
Possession of or gaining access to voyeuristic or intimate image or recording
377BD.—(1)  Any person shall be guilty of an offence who has in his possession or has gained access to an image or recording of another person and —
(a)knows or has reason to believe that the image or recording was obtained through the commission of an offence under section 377BB; or
(b)knows or has reason to believe that —
(i)the image or recording is an intimate image or recording as defined in section 377BE(5);
(ii)the possession of or access to the image or recording was without the consent of the person depicted in the image or recording; and
(iii)the possession of or access to the image or recording will or is likely to cause humiliation, alarm or distress to the person depicted in the image or recording.
(2)  Subject to subsection (3), a person who is guilty of an offence under this section shall on conviction be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
(3)  Where the image or recording mentioned in subsection (1)(a) is of a person below 14 years of age, a person who is guilty of an offence under this section 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.
(4)  For the purposes of subsection (1) —
(a)a person has in his possession an image or recording of another person that is in electronic form if he controls access to the electronic image or recording, whether or not he has physical possession of the electronic image or recording; and
(b)the ways in which a person gains access to an image or recording may include —
(i)viewing or displaying it by an electronic medium or any other output of the image by an electronic medium; or
(ii)communicating, sending, supplying or transmitting the image to himself or herself.
[Act 15 of 2019 wef 01/01/2020]
Distributing or threatening to distribute intimate image or recording
377BE.—(1)  Any person (A) shall be guilty of an offence who —
(a)intentionally or knowingly distributes an intimate image or recording of another person (B);
(b)without B’s consent to the distribution; and
(c)knows or has reason to believe that the distribution will or is likely to cause B humiliation, alarm or distress.
(2)  Any person (A) shall be guilty of an offence who —
(a)knowingly threatens the distribution of an intimate image or recording of another person (B);
(b)without B’s consent to the distribution; and
(c)knows or has reason to believe that the threat will or is likely to cause B humiliation, alarm or distress.
(3)  Subject to subsection (4), a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments.
(4)  A person who commits an offence under subsection (1) or (2) against a person (B) who is below 14 years of age shall on conviction be punished with imprisonment for a term which may extend to 5 years and shall also be liable to fine or to caning.
(5)  In this section, “intimate image or recording”, in relation to a person (B) —
(a)means an image or recording —
(i)of B’s genital or anal region, whether bare or covered by underwear;
(ii)of B’s breasts if B is female, whether bare or covered by underwear; or
(iii)of B doing a private act; and
(b)includes an image or recording, in any form, that has been altered to appear to show any of the things mentioned in paragraph (a) but excludes an image so altered that no reasonable person would believe that it depicts B.
Illustrations
     (a)  A copies, crops, and pastes an image of B’s face onto the image of a body of a person who is engaging in a sexual act. This image has been altered to appear to show that B actually engaged in a sexual act. This is an intimate image.
     (b)  A pastes an image of B’s face on a cartoon depicting B performing a sexual act on C. No reasonable person would believe that B was performing the sexual act depicted on C. This is not an intimate image.
[Act 15 of 2019 wef 01/01/2020]
Sexual exposure
377BF.—(1)  Any person (A) shall be guilty of an offence who —
(a)for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, intentionally exposes A’s genitals;
(b)intends that B will see A’s genitals; and
(c)does so without B’s consent.
(2)  Any person (A) shall be guilty of an offence who —
(a)for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, intentionally distributes to B an image of A’s or any other person’s genitals;
(b)intends that B will see A’s or the other person’s genitals; and
(c)does so without B’s consent.
(3)  Subject to subsection (4), a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
(4)  A person who commits an offence under subsection (1) or (2) against a person (B) who is below 14 years of age 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.
[Act 15 of 2019 wef 01/01/2020]
Using or involving child in production of child abuse material
377BG.—(1)  Any person shall be guilty of an offence who —
(a)uses a person who is below 16 years of age for the production of material which he knows or has reason to believe is child abuse material;
(b)causes or procures a person of that age to be so used; or
(c)having the care or custody of a person of that age, consents to the person being so used or allows the person to be so used.
(2)  A person who is guilty of an offence under subsection (1) 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.
(3)  For the purposes of subsection (1) —
(a)a person may have the care of a person below 16 years of age without necessarily being entitled by law to have the custody of the child;
(b)the ways in which material is produced may include —
(i)filming, printing, photographing, recording, drawing or otherwise generating material;
(ii)altering or manipulating material; or
(iii)reproducing or copying material; and
(c)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.
[Act 15 of 2019 wef 01/01/2020]
Producing child abuse material
377BH.—(1)  Any person who intentionally produces child abuse material knowing or having reason to believe that the material is child abuse material shall be guilty of an offence.
(2)  A person who is guilty of an offence under subsection (1) 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.
(3)  For the purposes of subsection (1), the ways in which material is produced may include —
(a)filming, printing, photographing, recording, writing, drawing or otherwise generating material;
(b)altering or manipulating material; or
(c)reproducing or copying material.
[Act 15 of 2019 wef 01/01/2020]
Distributing or selling child abuse material
377BI.—(1)  Any person shall be guilty of an offence who —
(a)distributes or sells or offers for sale child abuse material or has in the person’s possession child abuse material for the purpose of such distribution, sale or offer for sale; and
(b)knows or has reason to believe that the material is child abuse material.
(2)  A person who is guilty of an offence under subsection (1) 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.
[Act 15 of 2019 wef 01/01/2020]
Advertising or seeking child abuse material
377BJ.—(1)  Any person shall be guilty of an offence who —
(a)for the purposes of distributing or selling or offering for sale any child abuse material advertises the material; and
(b)knows or has reason to believe that the material is child abuse material.
(2)  Any person shall be guilty of an offence who —
(a)announces or otherwise makes known by any means any offer or purported offer to acquire, buy or gain access to any child abuse material; and
(b)knows or has reason to believe that the material is child abuse material.
(3)  A person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine or to caning.
(4)  In subsection (1), “advertise”, in relation to child abuse material, includes —
(a)exhibiting, displaying or supplying any advertising material relating to the material;
(b)announcing by any means any offer to sell or distribute the material; or
(c)distributing or circulating any advertisement relating to the material.
[Act 15 of 2019 wef 01/01/2020]
Possession of or gaining access to child abuse material
377BK.—(1)  Any person shall be guilty of an offence who —
(a)has in the person’s possession or has gained access to child abuse material; and
(b)knows or has reason to believe that the material is child abuse material.
(2)  A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine or to caning.
(3)  For the purposes of subsection (1) —
(a)a person has in the person’s possession child abuse material that is electronic material if the person controls access to the material whether or not the person has physical possession of the electronic material; and
(b)the ways in which a person gains access to material may include viewing material or displaying material by an electronic medium or any other output of the material by an electronic medium.
Illustration
     Y has an online storage account for electronic material accessible with a username and password. Y has control of what is stored in the account and can upload to, copy from or delete material from the account. Y has an electronic folder in the account to which Y uploads and stores electronic child abuse material. Y has in his possession child abuse material.
[Act 15 of 2019 wef 01/01/2020]
Exploitation by abusive material of minor of or above 16 but below 18 years of age
377BL.—(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.
(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.
(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.
(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.
(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.
(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.
[Act 15 of 2019 wef 01/01/2020]
Defences to offences relating to intimate image or recording and voyeurism
377BM.—(1)  It is a defence to a charge for an offence under section 377BD of having possession of or gained access to an image or a recording obtained through the commission of an offence under section 377BB or an intimate image or recording mentioned in section 377BD(1)(b) for the accused person to prove that the accused person —
(a)did not intentionally come into possession of or gain access to the image or recording; and
(b)on becoming aware of having come into possession of or gaining access to the image or recording, as soon as it was practicable to do so, took all reasonable steps in the circumstances to cease possession of or access to the image or recording.
(2)  It is a defence to a charge for an offence under section 377BB, 377BC, 377BD or 377BE(1) if —
(a)the act that is alleged to constitute the offence was done for any of the following purposes without malice and with reasonable cause:
(i)the prevention, detection, investigation or punishment of any offence;
(ii)the conduct of contemplated or pending proceedings in any court or tribunal or to obtain evidence for the purpose of contemplating such proceedings;
(iii)safety or national security; and
(b)the image or recording (if any) obtained through the commission of an offence under section 377BB or the intimate image or recording (if any) mentioned in section 377BD(1)(b) or 377BE(5) was not kept for a period longer than what was reasonably necessary or required for the purposes mentioned in paragraph (a).
Illustrations
     (a)  A, a caregiver is concerned that B, an elderly person has been in the toilet for an unusually long period of time. Despite A knocking several times, there is no response from B. As A is concerned for B’s safety, A forcefully opens the toilet door to find B in a state of undress. A has committed no offence as the act was done for the purpose of ensuring B’s safety.
     (b)  A notices that a stranger is using a mobile phone taking an upskirt photograph of a woman in the mall. A confronts the stranger who flees and drops his mobile phone. A keeps the mobile phone with the upskirt photograph with the intention of reporting the offence to the police. A hands over the phone to the police when he makes the police report. A has committed no offence as the act of possession of the upskirt photograph was done for the purpose of assisting the detection or investigation of the offence.
[Act 15 of 2019 wef 01/01/2020]
Defences to child abuse material offences
377BN.—(1)  It is a defence to a charge for an offence of having possession of or gaining access to child abuse material under section 377BK for the accused person to prove that the accused person —
(a)did not intentionally come into possession of or gain access to child abuse material; and
(b)on becoming aware of having come into possession of or gaining access to child abuse material, as soon as it was practicable to do so, took all reasonable steps in the circumstances to cease possession of or access to the material.
(2)  It is a defence to a charge for an offence under sections 377BH to 377BK if —
(a)the act that is alleged to constitute the offence was done for any of the following purposes without malice and with reasonable cause:
(i)the prevention, detection, investigation or punishment of any offence;
(ii)the conduct of contemplated or pending proceedings in any court or tribunal or to obtain evidence for the purpose of contemplating such proceedings;
(iii)safety or national security; and
(b)the child abuse material or the abusive material, as the case may be, was not kept for a period longer than what was reasonably necessary or required for the purposes mentioned in paragraph (a).
(3)  It is a defence to a charge for an offence under sections 377BH to 377BK if the act that is alleged to constitute the offence —
(a)has a legitimate purpose related to science, medicine, education or art; and
(b)did not pose an undue risk of harm to any person below 16 years of age.
     Explanation.—An act has a legitimate purpose related to art which reasonable persons would regard as art.
Illustrations
     (a)  A university researcher has child abuse material in his possession for the purposes of studying the psychological effects of exposure to such material. The researcher’s possession of the child abuse material has a legitimate purpose.
     (b)  A is a photo-journalist in a war zone. A takes a photo of a child victim of torture and submits this together with an article on the plight of such children to a news organisation for publication. The taking and sending of the photo has a legitimate purpose.
(4)  It is a defence to a charge for an offence under sections 377BH to 377BK if —
(a)the accused person (A) is below 16 years of age; and
(b)the child abuse material that is alleged to constitute the offence is an image of A alone.
Illustration
     A is 15 years old and takes a photo of herself alone posing in the nude. A stores the photo in her mobile phone. A has not committed the offence of producing or possessing child abuse material.
(5)  To avoid doubt, it is not a defence to a charge for an offence relating to child abuse material under sections 377BG to 377BL that, at the time of the conduct constituting the offence, the accused was under a mistaken but honest and reasonable belief that reasonable persons would not regard the child abuse material as being, in the circumstances, offensive.
(6)  It is a defence to a charge for the following offences in circumstances where the offender (A) and the person below 16 years of age (B) are married and subject to the following respective conditions:
(a)an offence under section 377BG(1) or 377BH(1) if the child abuse material —
(i)involves only A and B in its production;
(ii)depicts B only, A and B only, or A only if A is below 16 years of age; and
(iii)was produced with B’s consent;
(b)an offence under section 377BI if the distribution of the child abuse material —
(i)occurs between A and B only;
(ii)involves material depicting B only, A and B only, or A only if A is below 16 years of age; and
(iii)was distributed with B’s consent;
(c)an offence under section 377BJ(2) if the offer to acquire, buy, or gain access to the child abuse material —
(i)occurs between A and B only; and
(ii)involves material depicting B only, A and B only, or A only if A is below 16 years of age;
(d)an offence under section 377BK(1) if the possession of the child abuse material was with B’s consent and the material depicts B only, A and B only, or A only if A is below 16 years of age.
[Act 15 of 2019 wef 01/01/2020]
Child abuse material offences outside or partially outside Singapore
377BO.—(1)  Any person, being a citizen or a permanent resident of Singapore, who does, outside Singapore, any act that would, if done in Singapore, constitute an offence under section 377BG, 377BH or 377BL(2) or (3), shall be guilty of an offence under section 377BG, 377BH or 377BL(2) or (3), as the case may be.
(2)  To avoid doubt, any person (A) who does in Singapore, any act involving a person below 16 years of age (B) and B is outside Singapore, that would if B were in Singapore constitute an offence under section 377BG or 377BH, shall be guilty of an offence under section 377BG or 377BH, as the case may be.
(3)  Any person who does outside Singapore, any act involving a person below 16 years of age (B) and B is in Singapore, that would if done in Singapore constitute an offence under section 377BG or 377BH, shall be guilty of an offence under section 377BG or 377BH, as the case may be.
(4)  Subsections (5) and (6) apply only where A is in a relationship that is exploitative of B.
(5)  To avoid doubt, any person (A) who does in Singapore, any act involving a person who is of or above 16 but below 18 years of age (B) and B is outside Singapore, that would if B were in Singapore constitute an offence under section 377BL(2) or (3), shall be guilty of an offence under section 377BL(2) or (3), as the case may be.
(6)  Any person (A) who does outside Singapore, any act involving a person who is of or above 16 but below 18 years of age (B) and B is in Singapore, that would if done in Singapore constitute an offence under section 377BL(2) or (3), shall be guilty of an offence under section 377BL(2) or (3), as the case may be.
(7)  To avoid doubt, any person who does in Singapore an act which is a physical element of an offence under section 377BG, 377BH or 377BL(2) or (3) shall be guilty of an offence under section 377BG, 377BH or 377BL(2) or (3), as the case may be, if all the fault elements and physical elements of the offence are proven even though other physical elements of the same offence occurred outside Singapore.
Illustrations
     (a)  A, a citizen or a permanent resident of Singapore, films in a foreign country a video recording of child abuse material involving a person below 16 years of age (B). B is in that foreign country during the filming. A is guilty of an offence under section 377BG or 377BH read with section 377BO(1).
     (b)  A, who is in Singapore, uses remote video facilities to film a video recording of child abuse material involving a person below 16 years of age (B). B is in a foreign country during the filming. A is guilty of an offence under section 377BG or 377BH read with section 377BO(2).
     (c)  A, who is in a foreign country and is not a citizen or a permanent resident of Singapore, uses remote video facilities to film a video recording of child abuse material involving a person below 16 years of age (B). B is in Singapore during the filming. A is guilty of an offence under section 377BG or 377BH read with section 377BO(3).
     (d)  A, who is in Singapore, uses computer software to alter and reproduce child abuse material which was not filmed in Singapore. The child abuse material is not stored in Singapore but in a computer server in a foreign country which A accesses through A’s computer in Singapore. A is guilty of an offence under section 377BH read with section 377BO(7).
[Act 15 of 2019 wef 01/01/2020]
Interpretation of sections 375 to 377BO (sexual offences)
377C.—(1)  In sections 375 to 377BO —
“child abuse material” means material that depicts an image of any of the following:
(a)a person who is, or who appears to a reasonable observer to be, or who is implied to be, below 16 years of age —
(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 a person who is, or who appears to a reasonable observer to be, or who is implied to be, a person below 16 years of age in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive;
(c)the breasts of a person who is, or who appears to a reasonable observer to be, or who is implied to be, a female below 16 years of age in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive;
“distribute” includes any of the following conduct, whether done in person, electronically, digitally or in any other way:
(a)send, publish, supply, show, exhibit, transmit or communicate to another person;
(b)make available for viewing or access by another person;
“image” means a still, moving, recorded or unrecorded image and includes an image produced by any means and, where the context requires, a three-dimensional image;
“image”, in relation to a person, means an image of a human being that is not fictional or imaginary but includes an image that so closely resembles that of a human being as to make it difficult for an ordinary person to distinguish it from an image of a human being that is not fictional or imaginary;
“material” means —
(a)any film, photograph, printed matter or computer game depicting an image;
(b)any electronic record depicting an image; or
(c)any other thing of any kind depicting an image;
“structure” includes a tent, vehicle or vessel or other temporary or movable structure;
“touching” includes touching —
(a)with any part of the body;
(b)with anything else; or
(c)through anything,
and includes penetration of the vagina or anus, as the case may be, with a part of the body or anything else and penetration of the mouth with the penis;
“vagina” includes vulva.
(2)  For the purposes of the definition of “distribute” in subsection (1), a person is treated as having distributed an image or recording whether or not another person views or gains access to the image.
(3)  In sections 375 to 377BO —
(a)penetration is a continuing act from entry to withdrawal;
(b)a reference to a part of the body includes a reference to a part which is surgically constructed (in particular, through a sex reassignment procedure);
(c)for the purposes of identifying the sex of a person —
(i)the sex of a person as stated in that person’s identity card issued under the National Registration Act (Cap. 201) at the time the sexual activity took place is prima facie evidence of the sex of that person; and
(ii)a person who has undergone a sex reassignment procedure is identified as being of the sex to which that person has been reassigned;
(d)penetration, touching, communication or other activity is “sexual” if —
(i)because of its nature it is sexual, whatever its circumstances or any person’s purpose in relation to it may be; or
(ii)because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual;
(e)references to observation (however expressed) are to observation whether direct or by looking at an image;
(f)a person is doing a private act if under circumstances in which the person has a reasonable expectation of privacy, the person —
(i)is in a state where the person’s genitals, buttocks or breasts (if the person is a female) are exposed or covered only in underwear;
(ii)is using a toilet, showering or bathing; or
(iii)is doing a sexual act that is not of a kind ordinarily done in public.
Illustration
     A is showering in an open-concept shower cubicle at the changing room of a swimming pool and cannot reasonably expect not to be casually observed. However, A has a reasonable expectation that A will not be surreptitiously recorded by a video camera.
[Act 15 of 2019 wef 01/01/2020]
Meaning of exploitative relationship
377CA.—(1)  For the purposes of sections 375, 376, 376A, 376AA, 376EA, 376EC, 376EE, 377BL and 377D, whether an accused person’s relationship with a person below 18 years of age (called in this section a minor) is exploitative of the minor is to be determined by the court in the circumstances of each case and the court must have regard to the following in making such determination:
(a)the age of the minor;
(b)the difference between the age of the accused person and the minor;
(c)the nature of the relationship;
(d)the degree of control or influence exercised by the accused person over the minor.
(2)  For the purposes of subsection (1) and subject to subsection (3), it is presumed until the contrary is proved that an accused person’s relationship with a minor is exploitative where the relationship is any of the following:
(a)the accused person is the parent, step-parent, guardian or foster parent of the minor;
(b)the accused person is the de facto partner of the parent, guardian or foster parent of the minor;
(c)the accused person is a member of the teaching or management staff of the school or educational institution at which the minor is a student;
(d)the accused person has an established personal relationship with the minor in connection with the provision of religious, sporting, musical or other instruction to the minor;
(e)the accused person is a custodial officer of an institution in which the minor is detained;
(f)the accused person is a registered medical practitioner, a registered traditional Chinese medicine practitioner or a psychologist and the minor is a patient of the accused person;
(g)the accused person is an advocate and solicitor or a counsellor and the minor is a client of the accused person.
(3)  The presumption in subsection (2) does not apply to a person who is lawfully married to a minor even though the relationship may fall within any of the relationships mentioned in subsection (2).
[Act 15 of 2019 wef 01/01/2020]
Consent given under misconception in sexual offences
377CB.—(1)  Despite section 90(a)(ii), a consent for the purposes of an act which is the physical element of a sexual offence is not a consent given by a person under a misconception of fact only if it is directly related to —
(a)the nature of the act, namely that it is not of a sexual nature;
(b)the purpose of the act, namely that it is not for a sexual purpose; or
(c)the identity of the person doing the act,
and the person doing the act knows, or has reason to believe, that the consent was given in consequence of such misconception.
(2)  In subsection (1) —
“sexual” has the meaning given by section 377C(3);
“sexual offence” means any offence where the physical element of the offence under this Code or any other written law involves an act of a sexual nature and includes but is not limited to any offence under sections 375 to 377BN.
Illustrations
     (a)  A deceives B into allowing him to penetrate her vagina by inducing the misconception that he is extracting an evil spirit from B’s body. B believes A and thinks that what she has consented to is a procedure to extract an evil spirit, not sexual intercourse. B has given her consent under a misconception as to the sexual nature of the act. B’s apparent consent is therefore not a valid consent.
     (b)  A deceives B into believing that he can heal B’s chronic disease by treatment involving sexual penetration. B gives her consent under the misconception that the act is treatment for a health purpose and not for a sexual purpose. B’s apparent consent is therefore not a valid consent.
     (c)  A deceives B into believing that A is her husband. A is an imposter. B consents to sexual intercourse with A because she believes A is her husband. B’s consent is given under a misconception of the identity of A and is therefore not a valid consent.
     (d)  A deceives B into believing that A is an influential movie director. A is in fact only an administrative assistant to that movie director. B consents to sexual intercourse with A because she believes A is that movie director. B’s misconception is as to A’s attributes and not of A’s identity. B’s consent is therefore a valid consent.
[Act 15 of 2019 wef 01/01/2020]
Mistake as to age in sexual offences
377D.—(1)  Subject to subsections (2) and (3) and despite section 79, a reasonable mistake as to the age of a person cannot be a defence to any charge for a sexual offence.
(2)  The presence of a reasonable mistaken belief that a minor was of or above 18 years of age is a valid defence to a charge for a sexual offence where the fact that a minor is of or above the age of 16 years but below 18 years is a physical element of the offence.
(3)  For the purposes of subsection (2), the defence under that subsection is no longer available if at the time of the offence, the person charged with that offence —
(a)has previously been charged in court for an offence under section 375(1)(b), 375(1A)(b), 376(1) (if the victim B is below 14 years of age), 376(2) (if the victim B is below 14 years of age), 376A, 376AA, 376B, 376C, 376E, 376EA, 376EB, 376EC, 376ED, 376EE, 377BG, 377BH, 377BI, 377BJ, 377BK or 377BL or section 7 of the Children and Young Persons Act or section 140(1)(i) or 145(1) of the Women’s Charter; or
(b)failed to take all reasonable steps to verify that the minor was of or above 18 years of age.
     Explanation.—The fact that the minor was observed to be participating in activities which are restricted to persons of or above 18 years of age, such as smoking a cigarette or admission to premises with access restricted to persons of or above 18 years of age (such as a nightclub) is neither sufficient to constitute a reasonable basis for the mistaken belief nor reasonable steps to verify that minor’s age.
(4)  In this section, “sexual offence” has the meaning given by section 377CB.
[Act 15 of 2019 wef 01/01/2020]