Malaysia legislation

Section 13

of ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS ACT 2007

Section 13

Aggravated offence of trafficking in persons

Any person who commits an offence of trafficking in persons, where the trafficked person not being a child or not being a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition where any of the following applies:

(a)

in committing the offence, the person caused grievous hurt to the trafficked person or to any other person;

(b)

in committing the offence, the person caused death to the trafficked person or to any other person;

(c)

in committing the offence, where caused by or at the time the person was trafficked, the trafficked person committed suicide;

(d)

in committing the offence, the person exposed the trafficked person to life threatening diseases, including the Human

Immunodeficiency Virus (HIV) and Acquired Immune

Deficiency Syndrome (AIDS);

(e)

in committing the offence, the person engaged in trafficking in persons activities as part of an organized criminal group activity; or

(f)

where the offence of trafficking in persons was committed by a public officer in the performance of his public duties, shall, on conviction, be punished with imprisonment for life or with imprisonment for a term which shall not be less than five years, and shall also be liable to whipping.

Act 670

Offence of trafficking in children or a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition