§ 376EB — Sexual communication with minor below 16 years of age

376EB.—(1) Any person of or above 18 years of age (A) shall be guilty of an offence if —(a)

for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally communicated with B;

(b)

the communication is sexual;

(c)

at the time of the communication, B is below 16 years of age; and

(d)

A does not reasonably believe that B is of or above 16 years of age.[15/2019]

(2) For the purposes of this section, it is immaterial —(a)

whether B replied or responded to A’s communication mentioned in subsection (1); and

(b)

whether such communication originated in Singapore provided that either A or B was in Singapore at the time of such communication.[15/2019]

(3) A person who is guilty of an offence under this section shall —(a)

in the case where the offence is committed against a victim who is below 14 years of age and A does not reasonably believe that B is of or above that age, be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; or

(b)

in any other case, be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.[15/2019]

(4) No person shall be guilty of an offence under this section for any communication with his or her spouse with the consent of that spouse.[15/2019]

—(1) Any person of or above 18 years of age (A) shall be guilty of an offence if —(a)

for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally communicated with B;

(b)

the communication is sexual;

(c)

at the time of the communication, B is below 16 years of age; and

(d)

A does not reasonably believe that B is of or above 16 years of age.[15/2019]

(2) For the purposes of this section, it is immaterial —(a)

whether B replied or responded to A’s communication mentioned in subsection (1); and

(b)

whether such communication originated in Singapore provided that either A or B was in Singapore at the time of such communication.[15/2019]

(3) A person who is guilty of an offence under this section shall —(a)

in the case where the offence is committed against a victim who is below 14 years of age and A does not reasonably believe that B is of or above that age, be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; or

(b)

in any other case, be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.[15/2019]

(4) No person shall be guilty of an offence under this section for any communication with his or her spouse with the consent of that spouse.[15/2019]