Singapore legislation

Section 376EB

of Penal Code 1871

Section 376EB

Sexual communication with minor below 16 years of age

Amended by15/201915/201915/201915/2019

(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.

Amended by15/2019

(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.

Amended by15/2019

(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.

Amended by15/2019

(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.

Amended by15/2019