Penal Code 1871 - Singapore Statutes Online

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. [15/2019]

(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.

[15/2019]

(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.

[15/2019]

(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. [15/2019]

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. [15/2019]

(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. [15/2019]

(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.

[15/2019]

(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.

[15/2019]

(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.

[15/2019]

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