S'pore plans to cane scammers under proposed changes to criminal law

Those found guilty of scams and scam-related offences may face caning as a penalty under the Criminal Law (Miscellaneous Amendments) Bill.

The Ministry of Home Affairs (MHA) introduced the bill during the Oct. 14 Parliament sitting, outlining updates to Singapore's criminal law.

These updates will introduce new offences to tackle emerging crime trends, assess the scope of penalties for existing offences, and enhance protection for vulnerable victims.

Other key amendments in the bill include:

• Amending specific sexual offences
• Increase penalties for causing or allowing fatal abuse of vulnerable victims
• Deter false allegations against authorities and doxxing of public servants
• Revise caning penalties for certain offences
• Where appropriate, ensure that youth offender cases dealt with in the State Courts or High Court can receive adequate penalties
• Amend obligations on workers and dealers of precious metals

Revise caning penalties

MHA stated that fighting scams remains a top national priority, and as such, it will introduce caning for scams and scam-related offences for stronger deterrence.

Scammers and members/recruiters of scam syndicates will face mandatory caning of at least six strokes, and may face up to 24 strokes.

Scam mules who enable scammers by laundering scam proceeds, providing SIM cards and Singpass credentials will face discretionary caning of up to 12 strokes.

MHA will also introduce discretionary caning for non-scam cheating, similar to traditional fraud, as some cheating cases could warrant caning as a sentencing option.

Amending sexual offences

The bill will introduce four amendments regarding certain sexual offences, specifically relating to obscene objects, including sale and distribution.

Under the amendments, the bill aims to extend the application of enhanced penalties to obscene objects depicting minors below the age of 18, up from the current age of 16.

This is done to protect minors and align with international conventions on child pornography.

The bill will ensure that consensual, private sending of obscene objects depicting adults is not criminalised.

The non-consensual sending of obscene objects, and sending of obscene objects depicting minors below the age of 16 or minors below the age of 18 and in an exploitative relationship with the offender, will continue to be criminalised under other offences.

The bill will create a new offence targeting those who set up or manage online locations with the intent of facilitating the large-scale circulation of obscene material.

This will cover digital platforms such as WhatsApp, Telegram group chats and channels, websites and blogs, and video-sharing platforms like YouTube.

Administrators of such online locations will have a higher level of culpability than members.

The bill will introduce penalties for the circulation of obscene objects to 10 or more persons, where large-scale electronic circulation of obscene material would constitute imprisonment of up to two years, or a fine, or both.

Those found guilty of large-scale electronic circulation of obscene material depicting minors below 18 could face mandatory imprisonment of four years and a fine.

Those setting up or managing online locations to facilitate the circulation of obscene materials could face mandatory imprisonment of up to five years and a fine.

Those setting up or managing locations that circulate obscene materials depicting minors below 18 could face mandatory imprisonment of up to seven years and a fine.

Sexual grooming

The bill will also amend the offences of sexual grooming to cover cases where the offender and the victim meet or plan to meet overseas to carry out the sexual act, as long as the travel of either party commenced in Singapore and the intended sexual act would have been an offence if done in Singapore.

Given the expanded reach of the offence, the penalties will increase.

If the victim is below 14, the offender could face imprisonment of up to seven years, a fine, or both.

If the victim is 14 or above, but below 16, the offender could face imprisonment of up to five years, a fine or both.

If the victim is 16 or above but below 18 in an exploitative relationship, the offender could face up to five years, a fine, or both.

Fatal abuse of vulnerable victims

The bill will increase the maximum penalty for offenders who cause or allow the death of a child under 14, a domestic worker, or a vulnerable person through abuse.

Currently, the offences carry a punishment of imprisonment of up to 20 years, with liability for a fine or caning.

The new maximum penalties for these offences will be increased to life imprisonment or imprisonment of up to 30 years, with a fine or caning.

MHA explained that the increase will align the penalties with those for culpable homicide of vulnerable victims.

In addition, recent local cases, such as the mother who scalded her five-year-old son to death back in 2015, have demonstrated situations where life imprisonment or lengthy imprisonment terms may be warranted.

Top photos via Canva