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Penal Code 1871

Penal Code 1871 s 376G

s 376G Incest

376G.—(1) Any person (A) of or above 16 years of age who —(a) penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person of or above 16 years of age who is a close family relative (B); (b) sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of a person of or above 16 years of age who is a close family relative (B); (c) causes or permits a man of or above 16 years of age who is a close family relative (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of A; or (d) causes or permits a person of or above 16 years of age who is a close family relative (B) to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of A, knowing that B is a close family relative, shall be guilty of an offence. [15/2019] (2) For the purposes of subsection (1), B is a close family relative of A if B is A’s grandchild, child, sibling, half‑sibling, parent or grandparent (whether such relationship is or is not traced through lawful wedlock).[15/2019] (3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 5 years.[15/2019] (4) This section does not apply to an act of penetration mentioned in subsection (1) which would constitute an offence under section 375(1)(a), 375(1A)(a), 376(2) or 376AA(1).[15/2019] [Act 23 of 2021 wef 01/03/2022] (5) To avoid doubt —(a) it is not necessary for the prosecution to prove that B did consent to the act of penetration mentioned in subsection (1); and (b) it is not a defence that B did consent to that act.[15/2019] (6) A person below 18 years of age who is a victim of an offence under section 376AA is not guilty of an offence under this section in respect of the same acts constituting the offence under that section.[15/2019] —(1) Any person (A) of or above 16 years of age who —(a) penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person of or above 16 years of age who is a close family relative (B); (b) sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of a person of or above 16 years of age who is a close family relative (B); (c) causes or permits a man of or above 16 years of age who is a close family relative (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of A; or (d) causes or permits a person of or above 16 years of age who is a close family relative (B) to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of A, knowing that B is a close family relative, shall be guilty of an offence. [15/2019] (2) For the purposes of subsection (1), B is a close family relative of A if B is A’s grandchild, child, sibling, half‑sibling, parent or grandparent (whether such relationship is or is not traced through lawful wedlock).[15/2019] (3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 5 years.[15/2019] (4) This section does not apply to an act of penetration mentioned in subsection (1) which would constitute an offence under section 375(1)(a), 375(1A)(a), 376(2) or 376AA(1).[15/2019] [Act 23 of 2021 wef 01/03/2022] (5) To avoid doubt —(a) it is not necessary for the prosecution to prove that B did consent to the act of penetration mentioned in subsection (1); and (b) it is not a defence that B did consent to that act.[15/2019] (6) A person below 18 years of age who is a victim of an offence under section 376AA is not guilty of an offence under this section in respect of the same acts constituting the offence under that section.[15/2019]

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Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.