§ 377BL — 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.[15/2019]

(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.[15/2019]

(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.[15/2019]

(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.[15/2019]

(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.[15/2019]

(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 region or buttocks (whether exposed or covered) of B, where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive; or[Act 23 of 2021 wef 01/03/2022]

(c)

the breasts (whether exposed or covered) of B if B is female, where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive.[15/2019]

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

—(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.[15/2019]

(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.[15/2019]

(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.[15/2019]

(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.[15/2019]

(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.[15/2019]

(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 region or buttocks (whether exposed or covered) of B, where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive; or[Act 23 of 2021 wef 01/03/2022]

(c)

the breasts (whether exposed or covered) of B if B is female, where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive.[15/2019]

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