s 8 Sexual exploitation of child or young person
8.—(1) A person shall be guilty of an offence if —(a) the person, in public or private —(i) commits or abets the commission of; or (ii) procures or attempts to procure the commission by another person of, any obscene or indecent act with any child or young person below 16 years of age; or (b) the person, in public or private, procures or attempts to procure the commission of any obscene or indecent act by any child or young person below 16 years of age.[30/2019] (2) A person (A) shall be guilty of an offence if —(a) A, in public or private —(i) commits or abets the commission of; or (ii) procures or attempts to procure the commission by another person of, any obscene or indecent act with any young person (B) of 16 years of age or older but below 18 years of age; and (b) either —(i) B does not consent to the obscene or indecent act; or (ii) A is in a relationship that is exploitative of B.[30/2019] (3) A person (A) shall be guilty of an offence if A, in public or private —(a) procures or attempts to procure the commission of any obscene or indecent act by any young person (B) of 16 years of age or older but below 18 years of age; and (b) either —(i) B does not consent to the obscene or indecent act; or (ii) A is in a relationship that is exploitative of B.[30/2019] (4) For the purposes of subsections (2)(b)(i) and (3)(b)(i), it is a defence that A, by reason of mistake of fact or in ignorance of a fact in good faith, believed that B had consented to that obscene or indecent act.[30/2019] (5) For the purposes of subsections (2)(b)(ii) and (3)(b)(ii), it is not necessary for the prosecution to prove that B did or did not consent to the obscene or indecent act mentioned in subsection (2)(a) or (3)(a), as the case may be.[30/2019] (6) In deciding whether an accused’s relationship with a young person of 16 years of age or older but below 18 years of age is exploitative of the young person for the purposes of subsections (2) and (3), the court is to have regard to all of the following:(a) the age of the minor; (b) the difference between the age of the accused and the young person; (c) the nature of the relationship; (d) the degree of control or influence exercised by the accused over the young person.[30/2019] (7) To avoid doubt, the court is not confined to consideration of the matters specified in subsection (6) and may take into account such other matters and evidence as may be relevant in the circumstances of each case.[30/2019] (8) For the purposes of subsection (6) and subject to subsection (9), it is presumed until the contrary is proved that an accused’s relationship with a young person of 16 years of age or older but below 18 years of age is exploitative where the relationship is any of the following:(a) the accused is a parent, step‑parent, guardian or foster parent of the young person; (b) the accused is the de facto partner of a parent, guardian or foster parent of the young person; (c) the accused is a member of the teaching or management staff of the school or educational institution at which the young person is a student; (d) the accused has an established personal relationship with the young person in connection with the provision of religious, sporting, musical or other instruction to the young person; (e) the accused is a custodial officer of an institution in which the young person is detained; (f) the accused is a registered medical practitioner, a registered traditional Chinese medicine practitioner or a psychologist and the young person is a patient of the accused; (g) the accused is an advocate and solicitor or a counsellor and the young person is a client of the accused.[30/2019] (9) However, the presumption in subsection (8) does not apply to a person who is lawfully married to a young person of 16 years of age or older but below 18 years of age even though the relationship may fall within any of the relationships mentioned in subsection (8).[30/2019] (10) Any person who is guilty of an offence under subsection (1) shall be liable on conviction —(a) if the offence committed involves a child other than as an accused, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both or, if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 10 years or to both; and (b) if the offence committed involves a young person other than as an accused, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both or, if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 7 years or to both.[30/2019] (11) Any person who is guilty of an offence under subsection (2) or (3) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both or, if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 7 years or to both.[30/2019] (12) In subsections (10) and (11), “repeat offender”, in relation to an offence under subsection (1)(a) or (b), (2) or (3), means a person who is convicted or found guilty of that offence (called the current offence) and who was previously convicted or found guilty of —(a) an offence under subsection (1)(a) or (b), (2) or (3);[Act 23 of 2021 wef 01/03/2022] (b) an offence under the repealed section 7 of the Children and Young Persons Act (Cap. 38, 2001 Ed.) as in force between 20 July 2011 and 30 June 2020 (both dates inclusive);[Act 23 of 2021 wef 01/03/2022] (c) an offence under the repealed section 7 of the Children and Young Persons Act (Cap. 38, 2001 Ed.) as in force between 1 February 2008 and 19 July 2011 (both dates inclusive);[Act 23 of 2021 wef 01/03/2022] (d) an offence under the repealed section 7 of the Children and Young Persons Act (Cap. 38, 2001 Ed.) as in force between 31 December 2001 and 31 January 2008 (both dates inclusive);[Act 23 of 2021 wef 01/03/2022] (e) an offence under the repealed section 6 of the Children and Young Persons Act (Cap. 38, 1994 Ed.) as in force between 15 March 1994 and 30 December 2001 (both dates inclusive); or[Act 23 of 2021 wef 01/03/2022] (f) an offence under the repealed section 6 of the Children and Young Persons Act 1993 (Act 1 of 1993) as in force between 21 March 1993 and 14 March 1994 (both dates inclusive), on at least one previous occasion before the date on which the person is convicted or found guilty of the current offence. [7 [30/2019] [Act 23 of 2021 wef 01/03/2022]