Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 · Updated to 30 Sep 2025 · Part III
15. Offence of profiting from exploitation of a trafficked person
Official textFrom Laws of Malaysia Online, unchanged
Any person who profits from the exploitation of a trafficked person commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to a fine of not less than **five hundred thousand ringgit but not exceeding one million ringgit and shall also be liable to forfeiture of the profits from the offence.
exploitation
“exploitation” includes all forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, any illegal activity or the removal of human organs;
Offence in relation to trafficked person in transit 15a. Any person who brings in transit a trafficked person through
trafficked person
“trafficked person” means any person who is the victim or object of an act of trafficking in persons;
Malaysia by land, sea or air, or otherwise arranges or facilitates such act commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ***fifteen years, and shall also be liable to fine.
*NOTE—Previously “imprisonment for a term not less than three years but not exceeding twenty years, and shall also be liable to fine”–see subsection 6(c)(iii) of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Amendment) Act 2022 [Act A1644] w.e.f. 22 February 2022.
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;
**NOTE—Previously “fifty thousand ringgit but not exceeding five hundred thousand ringgit”–
see section 10 of the Anti-Trafficking in Persons (Amendment) Act 2010 [Act A1385] w.e.f.
15 November 2010.
***NOTE—Previously “seven years”–see section 7 of the Anti-Trafficking in Persons and
Anti-Smuggling of Migrants (Amendment) Act 2022 [Act A1644] w.e.f. 22 February 2022.
smuggling of migrants
“smuggling of migrants” means— (a) arranging, facilitating or organizing, directly or indirectly, a person’s unlawful entry into or through, or unlawful exit from, any country of which the person is not a citizen or permanent resident either knowing or having reason to believe that the person’s entry or exit is unlawful; and (b) recruiting, conveying, transferring, concealing, harbouring or providing any other assistance or service for the purpose of carrying out the acts referred to in paragraph (a);
Anti-Trafficking in Persons and
Anti-Smuggling of Migrants 21
Terms defined in s 2
exploitation
Defined · s 2“exploitation” includes all forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, any illegal activity or the removal of human organs;
smuggling of migrants
Defined · s 2“smuggling of migrants” means— (a) arranging, facilitating or organizing, directly or indirectly, a person’s unlawful entry into or through, or unlawful exit from, any country of which the person is not a citizen or permanent resident either knowing or having reason to believe that the person’s entry or exit is unlawful; and (b) recruiting, conveying, transferring, concealing, harbouring or providing any other assistance or service for the purpose of carrying out the acts referred to in paragraph (a);
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