Section 293C
of Penal Code
Section 293C
(1)
In sections 293A and 293B -
(a)
references to an indecent or obscene photograph include an indecent or obscene film, a copy of an indecent or obscene photograph or film, and an indecent or obscene photograph comprised in a film;
(b)
photographs and pseudo-photographs (including those comprised in a film) shall, if they show children and are indecent or obscene, be treated for all purposes of this Code as indecent or obscene photographs of children;
(c)
references to a photograph include -
(i)
the negative as well as the positive version; and
(ii)
data stored on computer disc or by other electronic means which is capable of conversion into a photograph;
(d)
for the purposes of sections 293A and 293B, a photograph or pseudo-photograph is deemed to be obscene if its effect is, if taken as a whole, such as to tend to deprave and corrupt persons who, having regard to all relevant circumstances are likely (or would have been likely but for the lawful seizure of the article) to read, see or hear the matter contained or embodied in it;
(e)
"film" includes any form of video recording;
If) "child" means a person under the age of 18 years;
(g)
"pseudo-photograph" means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph;
(h)
if the impression conveyed by a photograph or pseudo-photograph is that the person shown is a child, the photograph or pseudo-photograph shall be treated for all purposes as showing a
B. L. R.O. 5/202/
126 CAP. 22
Penal Code child and so shall a photograph or pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult;
(i)
references to an indecent or obscene photograph or pseudo-photograph include -
(i)
a copy of an indecent or obscene photograph or pseudo-photograph; and
(ii)
data stored on a computer disc or by other electronic means which is capable of conversion into a photograph or pseudo-photograph.
(2)
In the proceedings under sections 293A and 293B, a person is to be taken as having been a child at any material time if it appears from the evidence as a whole that the child was then under the age of 18 years.
Defence 293D.
It is not a defence to a charge under sections 293A and 293B in respect of a photograph or pseudo-photograph that the accused believed that a person shown in the photograph or pseudo-photograph was or was depicted as being the age of 18 years or more unless the accused took all reasonable steps to ensure that, where the person was the age of 18 years or more, the photograph or pseudo-photograph did not depict that person as being under the age of 18 years.
Obscene acts and songs 294.
(1)
Whoever, to the annoyance of others -
(a)
does any obscene act in any public place; or
(b)
sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment for a term not exceeding 3 years and fine of not less than $500 and not more than $5,000, and in the case of a second or subsequent conviction, imprisonment for a term not exceeding 5 years and fine of not less than $1,000 and not more than $30,000.
Penal Code
CAP. 22 127
(2)
The question whether any such act, song, ballad or words is obscene shall be determined in accordance with section 292(1) as if any reference there to an obscene article were. so far as circumstances permit, a referencetosuch act. song, ballad orpwords, as t h e s e may be:-
-
Prostitution 294A.
Whoever -
(a)
engages in, offers or agrees to engage in sexual services with another person for consideration; or
(b)
loiters or solicits in any place for the purpose of prostitution or for any other immoral purpose, shall be punished with imprisonment for a term not exceeding one year and fine of not less than $500 and not more than $5,000, and in the case of a second or subsequent conviction, imprisonment for a term not exceeding 3 years and fine of not less than $1,000 and not more than $10,000.
Paying for sexual services 294B.
Whoever -
(a)
intentionally obtains for himself the sexual services of another person; and
(b)
before obtaining those services, he has made or promised payment for those services to A or a third person, or knows that another person has made or promised such a payment, shall be punished with imprisonment for a term not exceeding one year and fine of not less than $1,000 and not more than $5,000, and in the case of a second or subsequent conviction, imprisonment for a term not exceeding 3
years and fine of not less than $2.000 and not more than $10.000.
(2)
In this section, "payment" means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.
128 CAP. 22
Penal Code