Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 · Updated to 30 Sep 2025 · Part III
13. Aggravated offence of trafficking in persons
Official textFrom Laws of Malaysia Online, unchanged
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:
trafficking in persons
“trafficking in persons” means all actions of recruiting, conveying, transferring, acquiring, maintaining, harbouring, providing or receiving, a person, for the purpose of exploitation, by the following means: (a) threat or use of force or other forms of coercion; (b) abduction; (c) fraud; (d) deception; (e) abuse of power; (f) abuse of the position of vulnerability of a person to an act of trafficking in persons; or (g) the giving or receiving of payments or benefits to obtain the consent of a person having control over the trafficked person;
in committing the offence, the person caused grievous hurt to the trafficked person or to any other person;
trafficked person
“trafficked person” means any person who is the victim or object of an act of trafficking in persons;
in committing the offence, the person caused death to the trafficked person or to any other person;
in committing the offence, where caused by or at the time the person was trafficked, the trafficked person committed suicide;
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);
in committing the offence, the person engaged in trafficking in persons activities as part of an organized criminal group activity; or
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.
Terms defined in s 2
trafficked person
Defined · s 2“trafficked person” means any person who is the victim or object of an act of trafficking in persons;
trafficking in persons
Defined · s 2“trafficking in persons” means all actions of recruiting, conveying, transferring, acquiring, maintaining, harbouring, providing or receiving, a person, for the purpose of exploitation, by the following means: (a) threat or use of force or other forms of coercion; (b) abduction; (c) fraud; (d) deception; (e) abuse of power; (f) abuse of the position of vulnerability of a person to an act of trafficking in persons; or (g) the giving or receiving of payments or benefits to obtain the consent of a person having control over the trafficked person;
Part IV
Enforcement
Part V
Part VI