§ 376ED — 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.[15/2019]

(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.[15/2019]

(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.[15/2019]

[Act 23 of 2021 wef 01/03/2022]

(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.[15/2019]

—(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.[15/2019]

(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.[15/2019]

(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.[15/2019]

[Act 23 of 2021 wef 01/03/2022]

(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.[15/2019]