- (a) in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or
- (b) in any other case, to a fine not exceeding $500,000.
(4) Where a person (A) commits an offence under subsection (1) or (2) and it is proved that A knows or has reasonable grounds to believe that the other person referred to in that subsection was, at the time of the offence, a vulnerable person or below 21 age, A shall be liable on conviction—
- (a) in the case of an individual, to a fine not exceeding $350,000 or to imprisonment for a term not exceeding 7 years or to both; or
- (b) in any other case, to a fine not exceeding $700,000.
(5) For the purposes of subsection (4), unless otherwise proven, A is presumed to know or to have reasonable grounds to believe that the other person referred to in subsection (1) or (2), as the case may be, was at the time of the offence, a vulnerable person or below 21 years of age.
(6) In this section, "vulnerable person" means any person who suffers from an impairment of, or a disturbance in the functioning of, the mind or brain resulting from any disability or disorder of the mind or brain which impairs the person's ability to make a proper judgment in relation to whether or not to become a member of, or to assist in the management of, an organised criminal group.
Instructing commission of offence for organised criminal group
7.—(1) A person in Singapore commits an offence if the person instructs, directly or indirectly, any other person (whether within or outside Singapore) to commit—
- (a) a Part 2 offence (other than an offence under this section); or
- (b) an offence under any written law which the person instructing knows is at the direction of, or in furtherance of the illegal purpose of, an organised criminal group.
