Malaysia legislation
Section 14
Section 14
New sections 15a and 15b
The principal Act is amended by inserting after section 15
the following sections:
(a)
offers, procures or makes available a child for a sexual performance;
(b)
makes or causes a child to engage in a sexual performance;
(c)
takes part, whether as a participant or viewer, in a sexual performance by a child;
Sexual Offences against Children (Amendment)
(d)
advertises, promotes or facilitates a sexual performance by a child; or
(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—
(a)
threatens a child to engage in an activity that is sexual in nature;
(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