Physical sexual assault on a child
Open ↗Any person who, for sexual purposes—
(a) touches any part of the body of a child;
(b) makes a child touch any part of the body of such person or of any other person;
(c) makes a child touch any part of the child’s own body; or
(d) does any other acts that involve physical contact with a child without sexual intercourse,
commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding twenty years and shall also be liable to whipping. Explanation 1—The act of touching may involve the act of touching with any part of the body or with an object and may be done through anything including anything worn by the person touching or by the child touched.
Explanation 2—In determining what constitutes sexual purposes, the court may take into consideration, among others, the part of the body that is touched, the nature and extent of the act of touching or the physical contact and all other circumstances surrounding the conduct.
Non-physical sexual assault on a child
Open ↗Any person who—
(a) for sexual purposes—
(i) utters any word or makes any sound, or makes any gesture or exhibits any object or his body or any part of his body with the intention that such word or sound shall be heard, or such gesture or object or body or part of his body shall be seen by a child;
(ii) makes a child exhibit the child’s body or any part of the child’s body so as it is seen by such person or any other person; or
(iii) repeatedly or constantly follows or watches or contacts a child by any means;
(b) threatens to use 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 of a child or any part of a body of a child or of a child engaged in an activity that is sexual in nature;
(c) engages in an activity that is sexual in nature in the presence of a child;
(d) causes a child to watch such person or any other person engaging in an activity that is sexual in nature;
(e) causes a child to watch or hear 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 such person or any other person engaged in an activity which is sexual in nature; or
(f) makes a child engage in an activity that is sexual in nature,
commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding twenty thousand ringgit or to both. Explanation—In determining what constitutes sexual purposes, the court may take into consideration, among others, the words uttered, the nature and extent of the gestures and all other circumstances surrounding the conduct.
