The Crime of Voyeurism

Voyeurism incidents in Singapore have increased significantly. It’s much easier now to access internet spy cameras and mobile devices, allowing offenders to invade someone’s privacy and physical integrity. IP (Internet Protocol) cameras are common - often used to monitor domestic security, and capture images of children, pets, the elderly and domestic workers.

It was discovered in March 2020 that many of these cameras had been hacked, with footage shared online – sometimes clips appeared on pornographic sites. They showed people undressing, using toilets, breastfeeding babies and indecent pictures of young girls in bedrooms. Dedicated hackers working as a group of over 1,000 members were blamed. These hackers communicate using social media platforms; members pay subscription fees for lifetime access to the content. Reportedly they have footage from more than 50,000 hacked cameras.

Up until January 2020, this type of crime was dealt with by legislation which did not sufficiently address the activity and the distribution of content – sections 509 and 292 of the Penal Code (Insult to Modesty of Woman, and transmitting obscene material electronically), and sections 29 and 30 of the Film Act (making or possessing an obscene film). Often it was only women that were covered by legislation, though we now know men can be victims too.

From 1^st January 2020, to keep up with modern technology and create a specific offence of voyeurism, section 377BB was added to the Penal Code.

It is a breach of a person’s privacy, or sexual/physical integrity, as defined in section 377BB:

• Intentionally observing a victim doing a private act without their consent – and knowing, or having reason to believe, that the victim hasn’t consented to being observed.
• Operating equipment intending to enable oneself or others to observe the victim’s private acts without their consent, and knowing (or having reason to believe) that consent has not been given to operate the equipment with that intent. The act does not have to have been recorded for an offence to be committed – so watching someone through binoculars can be an offence.
• Intentionally or knowingly recording someone’s private acts without consent, knowing that the person has not consented to that recording. Examples include filming someone undressing in a changing room.
• Operating equipment without the victim’s consent, intending to observe the victim’s private parts (genitals, breasts, buttocks) in circumstances where the body parts or underwear would not normally be visible – and knowing that the victim didn’t consent to the operation of equipment for that purpose. It doesn’t matter if images of this nature were recorded or not. Examples include filming using a phone under a girl’s dress on an escalator.
• Intentionally and knowingly recording a victim’s genitals, breasts or buttocks without the victim’s consent, in circumstances where the private parts or underwear would not usually be visible – and you know (or have reason to think) that no consent was given to the recording by the victim.
• Installing equipment or adapting or building a structure to allow you or someone else to commit any of the acts listed above. This could include installing cameras, or adjusting air vents or curtains.

Sometimes terms such as ‘upskirt’ or ‘downblouse’ are used to describe voyeurism.

Being convicted of voyeurism can mean up to 2 years in jail, or a fine, a caning or a combination of these. In crimes where the victim is below 14 years old, a prison sentence is mandatory, along with either a fine or a caning.

Offenders below 21 years of age may be eligible for probation instead of prison. If you are older than 21, you may get probation if you can demonstrate an extremely strong desire for reform, though this is unlikely.

You will have a criminal record following a voyeurism conviction.

We have yet to see how the courts will sentence a person convicted of voyeurism, as section 377BB of the Penal Code is quite new. However, the court has given indicators of what might be classed as mitigating or aggravating factors in sentencing.

Aggravating factors could include planning or pre-meditation, as opposed to an act which is impulsive, done spontaneously. The court will also consider how long the offence lasted, how often it happened, the number of victims, and the number of locations where it was committed. How intrusive it was is always considered. Other aggravating factors include targeting friends and family, using friendship to commit offences, abuse of technology, using hidden equipment, and uploading the footage.

However, the court will take into account mitigating factors when sentencing, such as genuine remorse, mental illness, or proof that the offence was totally out of character.

Images of victims under the age of 16 may be considered as child pornography, meaning more severe penalties.

• You may have a successful defence if you can show that you did not intend to possess the voyeuristic content or intend to be able to access it. However, you must show that you acted to avoid having possession or access as soon as you were able.
• You had a valid reason to commit the voyeuristic act and did it with no malice. For instance, you saw someone taking up-skirt pictures unlawfully, took the offender’s phone with the images on and later handed it over to the police. You must demonstrate that you only kept the images for as long as was absolutely necessary.

Offences related to voyeurism

Distributing voyeuristic images or recordings – section 377BC

• You are intentionally and knowingly in possession of either a video or an image for the purpose of distribution; or
• You distribute that content without the victim’s consent when you know or have reason to believe that the footage was obtained through conduct as described in section 377BB; and
• You know or have reasons to believe that there was no consent from the victim to the distribution of the content, then you can be guilty of an offence.

Conviction means imprisonment for up to five years, or a fine, caning, or a combination of these punishments. Where the victim is younger than 14, imprisonment is mandatory, plus a fine or a caning.

Possession of or gaining access to voyeuristic or intimate images or recordings – S.377BD

You have committed an offence if

• you have voyeuristic images or recording in your possession, or
• you have access to such content of another person, and

You know or have reason to believe that

• the content was obtained through a voyeuristic act; or
• you are aware it is intimate content (s. 377BE(5));
• the victim gave no consent to your possession or access; and
• possession or access is likely to result in alarm, humiliation or distress to the person in the image/recording.

Sentences under this section of the law include up to 2 years’ imprisonment, a fine, or both. Imprisonment is mandatory if a victim is below 14 years of age, plus a fine or a caning.

Be aware that for electronic content (images/recordings), ‘possession’ can mean controlling access to that content, regardless of whether you have physical possession of the content.

‘Access’ means viewing or displaying the content via an electronic medium, or sending, supplying or transmitting the image to yourself.

Distribution or threatening to distribute an intimate image or recording – S.377BE

• Someone who intentionally distributes or threatens to distribute an intimate image or recording of someone else;
• Without that person’s consent, and
• Knowing or having reason to believe that such distribution will cause or is likely to cause the victim humiliation, distress, or alarm, has committed an offence.

The definition of an ‘intimate image or recording’ is a video or photographic content showing:

• Genitals or anal region, either covered by underwear or bare;
• A female’s breasts, either covered by underwear or bare;
• A person doing a private act.

This definition includes images/recordings altered in such a way that they appear to show any of the things mentioned above, where a reasonable person would believe that they actually show the victim’s private parts or their private act. Examples include cutting and pasting a person’s face on to a picture of someone engaged in sexual activity, where someone would reasonably believe that it was the victim who was engaging in the sexual act. This would count as an intimate image.

However if, for example, the victim’s face is pasted onto a cartoon showing sex, then no reasonable person would believe that it is really the victim in the image engaging in sexual acts, or that their private parts are shown.

A conviction can result in up to 5 years in jail, or a fine or caning, or a combination of these. Where victims are younger than 14, there will be a mandatory sentence of imprisonment, plus a fine or caning.

We have yet to see whether these new offences and stricter punishments will reduce crimes of voyeurism. Though many IP cameras risk being hacked into, there are simple things the user can do to minimise the risk. Try to ensure the software is up to date, and use strong passwords which are changed regularly. Always buy a trusted brand of IP camera with good security features. If you find that you are a victim of voyeurism, tell the police as soon as you can.

A conviction for voyeurism will always have serious consequences for the offender. Sadly, many young people believe ‘upskirt’ pictures are harmless fun, not realising that being caught with them can mean serious trouble. Make sure you understand the law, and if you are accused of this crime, speak to a criminal lawyer who has experience in this field. They will be able to review your case and help with your defence.