§ 377BB — 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.[15/2019]

(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.[15/2019]

(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.[15/2019]

(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 genital region, breasts if B is female, or buttocks (whether exposed or covered) in circumstances where the genital region, breasts, buttocks or underwear would not otherwise be visible; and[Act 23 of 2021 wef 01/03/2022]

(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.[15/2019]

(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 genital region, breasts if B is female, or buttocks (whether exposed or covered), in circumstances where the genital region, breasts, buttocks or underwear would not otherwise be visible; and[Act 23 of 2021 wef 01/03/2022]

(b)

knows or has reason to believe that B does not consent to A recording the image.[15/2019]

(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.[15/2019]

(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.[15/2019]

(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.[15/2019]

(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 genital region, breasts if B is female, or buttocks (whether exposed or covered), in circumstances where the genital region, 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.[15/2019]

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

—(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.[15/2019]

(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.[15/2019]

(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.[15/2019]

(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 genital region, breasts if B is female, or buttocks (whether exposed or covered) in circumstances where the genital region, breasts, buttocks or underwear would not otherwise be visible; and[Act 23 of 2021 wef 01/03/2022]

(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.[15/2019]

(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 genital region, breasts if B is female, or buttocks (whether exposed or covered), in circumstances where the genital region, breasts, buttocks or underwear would not otherwise be visible; and[Act 23 of 2021 wef 01/03/2022]

(b)

knows or has reason to believe that B does not consent to A recording the image.[15/2019]

(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.[15/2019]

(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.[15/2019]

(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.[15/2019]

(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 genital region, breasts if B is female, or buttocks (whether exposed or covered), in circumstances where the genital region, 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.[15/2019]

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