Section 1
(2)
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Amendment of Part II
/akn/my/act/amendment_act/2023/A1687
SEXUAL OFFENCES AGAINST CHILDREN (AMENDMENT) ACT 2023
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- Type
- Amendment Act
- Status
- In force
- Enacted
- 2023
- Sections
- 15
- Languages
- MS · EN
Quick answer
About this amendment act
SEXUAL OFFENCES AGAINST CHILDREN (AMENDMENT) ACT 2023 is Malaysia Amendment Act, cited as Amendment Act A1687 2023, currently marked in force and first recorded in 2023.
Opening note
Preamble
- An Act to amend the Sexual Offences against Children Act 2017. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement
Section 2
The Sexual Offences against Children Act 2017 [Act 792], which is referred to as the “principal Act” in this Act, is amended in the heading of Part II by substituting for the words
“CHILD PORNOGRAPHY” the words “CHILD SEXUAL
ABUSE MATERIAL”.
Section 3
Amendment of section 4
(a)
by substituting for the shoulder note the following shoulder note:
“Child sexual abuse material”; and
(b)
in paragraph (a), by substituting for the words
‘ “child pornography” ’ the words ‘ “child sexual abuse material” ’.
Amendment of section 5
Section 4
Section 5 of the principal Act is amended—
(a)
in the shoulder note, by substituting for the words
“child pornography” the words “child sexual abuse material”;
(b)
by substituting for the words “child pornography” the words
“child sexual abuse material”; and
(A)
by substituting for the words “Z offers A to act in child pornography and A agrees to do so. A acts in that child pornography”
the words “Z offers A to act in a film which has a scene where A is engaged in a sexually explicit conduct with a child and
A agrees to do so. A acts in that sexually explicit scene”; and by substituting for the words “production of child pornography” the words “production of child sexual abuse material”; and
Sexual Offences against Children (Amendment)
(A)
by substituting for the words “director of child pornography” the words “director of child sexual abuse material”;
by substituting for the words “A’s direction of child pornography” the words “A’s direction of child sexual abuse material”; and
(C)
by substituting for the words “the making of child pornography” the words “the making of child sexual abuse material”.
Amendment of section 6
Section 5
Section 6 of the principal Act is amended—
(a)
in the shoulder note, by substituting for the words
“child pornography” the words “child sexual abuse material”; and
(b)
by substituting for the words “child pornography” the words
“child sexual abuse material”.
Amendment of section 7
Section 6
Section 7 of the principal Act is amended—
(a)
in the shoulder note, by substituting for the words
“child pornography” the words “child sexual abuse material”;
(b)
by substituting for the words “child pornography” the words
“child sexual abuse material”;
(c)
in the explanation, by substituting for the words
“child pornography” wherever appearing the words
“child sexual abuse material”; and
(i)
in paragraph (a), by substituting for the words
“child pornography” wherever appearing the words
“child sexual abuse material”; and
(A)
by substituting for the words “for Z to act in child pornography” the words
“for Z to be used in the production of child sexual abuse material”;
by substituting for the words “Z acts in child pornography that B produces”
the words “Z was used in B’s production of child sexual abuse material”;
(C)
by substituting for the words “production of child pornography” wherever appearing the words “production of child sexual abuse material”; and
(D)
by substituting for the words “producing child pornography” the words “producing child sexual abuse material”.
Amendment of section 8
Section 7
Section 8 of the principal Act is amended—
(a)
in the shoulder note, by substituting for the words
“child pornography” the words “child sexual abuse material”;
(b)
by substituting for the words “child pornography”
wherever appearing the words “child sexual abuse material”; and
(c)
in the illustrations, by substituting for the words
“child pornography” wherever appearing the words
“child sexual abuse material”.
Sexual Offences against Children (Amendment)
7
Amendment of section 9
Section 8
Section 9 of the principal Act is amended—
(a)
in the shoulder note, by substituting for the words
“child pornography” the words “child sexual abuse material”; and
(b)
by substituting for the words “child pornography”
the words “child sexual abuse material”.
Amendment of section 10
Section 9
Section 10 of the principal Act is amended—
(a)
in the shoulder note, by substituting for the words
“child pornography” the words “child sexual abuse material”;
(b)
by substituting for the words “child pornography”
the words “child sexual abuse material”;
(c)
in the explanation, by substituting for the words
“child pornography” wherever appearing the words
“child sexual abuse material”; and
(d)
in the illustrations, by substituting for the words
“child pornography” wherever appearing the words
“child sexual abuse material”.
Amendment of section 12
Section 10
Section 12 of the principal Act is amended—
(a)
by substituting for the words “14 or 15” wherever appearing the words “14, 15, 15a or 15b”; and
(b)
in the illustrations, in paragraph (a), by substituting for the words “child pornography” the words
“child sexual abuse material”.
Amendment of section 13
Section 11
Section 13 of the principal Act is amended—
(a)
by substituting for the words “14 or 15” wherever appearing the words “14, 15, 15a or 15b”; and
(b)
in the illustrations, in paragraph (a), by substituting for the words “child pornography” the words
“child sexual abuse material”.
Amendment of Part IV
Section 12
The principal Act is amended in the heading of Part IV by inserting after the words “SEXUAL ASSAULT” the words
“, SEXUAL PERFORMANCE AND SEXUAL EXTORTION”.
Section 13
Amendment of section 15
Section 15 of the principal Act is amended by deleting paragraph (b).
Section 14
New sections 15a and 15b
The principal Act is amended by inserting after section 15
the following sections:
(c)
takes part, whether as a participant or viewer, in a sexual performance by a child;
Sexual Offences against Children (Amendment)
(e)
receives any benefit, including monetary benefit, from a sexual performance by a child, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding twenty years and shall also be liable to a fine not exceeding fifty thousand ringgit.
(2)
For the purposes of this section, “sexual performance”
means any sexually explicit conduct performed before one or more viewers, including one which is recorded or transmitted in whole or in part, by any means including but not limited to electronic, mechanical, digital, optical or magnetic means, or the combination of any means.
ILLUSTRATIONS
(a)
A asks Z, a child, to perform a lap dance on B while being recorded by A. A then posts the recorded performance of the dance on his social media account. A is guilty of an offence under this section by causing a child to engage in a sexual performance. B is guilty of an offence under this section by taking part as a participant in a sexual performance by a child.
(b)
A meets B on an online dating application and offers B money to arrange a sex show with B’s children. B has her two children stripped and engaged in a simulated sexually explicit conduct while being livestreamed via a video call with A.
A is guilty of an offence under this section by causing a child to engage in a sexual performance and by taking part in a sexual performance by a child. B is guilty of an offence under this section by making available a child for a sexual performance and facilitating a sexual performance by a child.
Sexual extortion of a child 15b. Any person who—
(b)
threatens a child to share any representation in whole or in part, whether visual, audio or written or the combination of visual, audio or written, by any means including but not limited to electronic, mechanical, digital, optical or magnetic means, or manually crafted, or the combination of any means, of a body or any part of the body of a child exposing a child’s genital, buttock, breast, pubic area or anus or of a child engaged in an activity that is sexual in nature; or
(c)
threatens to use or distribute any representation in whole or in part, whether visual, audio or written or the combination of visual, audio or written, by any means including but not limited to electronic, mechanical, digital, optical or magnetic means, or manually crafted, or the combination of any means, of a body or any part of the body of a child exposing a child’s genital, buttock, breast, pubic area or anus or of a child engaged in an activity that is sexual in nature, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years.
Explanation—The act of threatening under this section may involve the use of inducement, coercion or force.
ILLUSTRATIONS
(a)
Z, a child, voluntarily shares a topless photo of herself with A.
A then threatens Z to post the photo on A’s social media account unless Z sends A a full nude photo of Z. A is guilty of an offence under this section.
(b)
A offers Z, a child, money to strip for A during a video call.
A records the video call and then threatens Z that A will send the recorded video to Z’s parents unless Z agrees to have sexual intercourse with A. A is guilty of an offence under this section.”.
Sexual Offences against Children (Amendment)
11
New sections 26a and 26b
Section 15
“Sexual performance by a child 15a. (1) Any person who—
The principal Act is amended by inserting after section 26
the following sections:
“Order for payment of compensation to a child victim 26a. (1) The court before which a person is convicted of any offence under this Act, or any offence specified in the Schedule where the victim is a child, may make an order against the convicted person for the payment by him of a sum to be fixed by the court as it deems just and reasonable as compensation to a child victim in respect of the injury suffered by the child victim as a result of the offence committed.
(2)
Where the person convicted of an offence referred to in subsection (1) is a child, the court shall make an order for the payment of the compensation to be made by the child’s parent or guardian.
(3)
Where the child victim is deceased, the court shall make an order for the payment of compensation to be made to a representative of the deceased child victim.
(4)
The court shall, in making an order under subsection (1), take into consideration any factor which the court thinks fit including—
(c)
the expenses incurred by the child victim, including expenses for treatment, rehabilitation or counselling of the child victim;
(e)
the ability of the convicted person to pay or where the convicted person is a child, the ability of the parent or guardian of the child to pay.
(5)
For the purpose of making an order under subsection (1), the court may hold an inquiry as it thinks fit.
(6)
Where the court makes an order for payment of costs of prosecution under section 426 of the Criminal Procedure
Code against the convicted person in respect of any offence under this Act, or any offence specified in the Schedule where the victim is a child, an order for payment of compensation under this section shall have priority over an order for the payment of costs of prosecution.
(7)
To the extent of the amount which has been paid to the child victim, or to the representatives of the child victim, under an order for payment of compensation, any claim of such child victim or representatives of the child victim for any injury, damage or loss suffered by reason of the offence shall be deemed to have been satisfied, but the order for payment shall not prejudice any right to a civil remedy by the child victim or by the representatives of the child victim against the convicted person for the damages beyond the amount of compensation paid under the order.
(8)
Every order made by the court under this section shall be appealable to the High Court.
Provisions as to payment of compensation 26b. (1) Where the person convicted of any offence under this Act, or any offence specified in the Schedule where the victim is a child is ordered to pay any sum as compensation under section 26a, the court making the order may do all or any of the following:
(c)
issue a warrant for the levy of that sum by distress and sale of any property belonging to the convicted person;
Sexual Offences against Children (Amendment)
(d)
direct that in default of payment or of a sufficient distress to satisfy such sum, the convicted person shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may be sentenced or to which he may be liable under a commutation of sentence:
Provided that where time is not allowed for the payment of that sum, an order for imprisonment in default of payment shall not be issued in the first instance unless it appears to the court that the convicted person has no property or insufficient property to satisfy the sum payable or that the levy by way of distress will be more injurious to him or his family than imprisonment;
(e)
direct that the convicted person be searched and that any money found on him when so searched or which in the event of his being committed to prison, may be found on him when taken to prison shall be applied towards the payment of that sum, the surplus, if any, being returned to him:
Provided that such money shall not be so applied if the court is satisfied that the money does not belong to the convicted person on whom it was found or that the loss of the money will be more injurious to his family than his imprisonment.
(2)
The term for which the court directs the convicted person to be imprisoned in default of payment or of a sufficient distress to satisfy any sum shall not exceed the following scale:
When the money to be paid does not exceed RM500
… … … …
One month
When the money to be paid exceeds
RM500 but does not exceed RM1000 … … … …
Two months
In any other case
… … … …
Six months
(3)
The imprisonment which the court imposes under this section shall terminate whenever the money is paid or levied by process of law.
(4)
If before the expiration of the time of such imprisonment such a proportion of the money is paid or levied that the time of imprisonment suffered is not less than proportional to the part of the money still unpaid, the imprisonment shall terminate.
(5)
A warrant for the levy of any such sum may be executed at any place in Malaysia but if it is required to be executed outside the State where it is issued, the warrant shall be endorsed for that purpose by a Judge or a First
Class Magistrate having jurisdiction in the State where it is to be executed.”.
Common questions
- What is AKTA KESALAHAN-KESALAHAN SEKSUAL TERHADAP KANAK-KANAK (PINDAAN) 2023?
- SEXUAL OFFENCES AGAINST CHILDREN (AMENDMENT) ACT 2023 is Malaysia Amendment Act, cited as Amendment Act A1687 2023, currently marked in force and first recorded in 2023.
- Is AKTA KESALAHAN-KESALAHAN SEKSUAL TERHADAP KANAK-KANAK (PINDAAN) 2023 still in force?
- Yes — AKTA KESALAHAN-KESALAHAN SEKSUAL TERHADAP KANAK-KANAK (PINDAAN) 2023 is currently in force.
- When did AKTA KESALAHAN-KESALAHAN SEKSUAL TERHADAP KANAK-KANAK (PINDAAN) 2023 take effect?
- AKTA KESALAHAN-KESALAHAN SEKSUAL TERHADAP KANAK-KANAK (PINDAAN) 2023 was first recorded in 2023.
- How many sections does AKTA KESALAHAN-KESALAHAN SEKSUAL TERHADAP KANAK-KANAK (PINDAAN) 2023 have?
- AKTA KESALAHAN-KESALAHAN SEKSUAL TERHADAP KANAK-KANAK (PINDAAN) 2023 contains 15 sections.
- Where can I read the official version of AKTA KESALAHAN-KESALAHAN SEKSUAL TERHADAP KANAK-KANAK (PINDAAN) 2023?
- The official text of AKTA KESALAHAN-KESALAHAN SEKSUAL TERHADAP KANAK-KANAK (PINDAAN) 2023 is published at lom.agc.gov.my.