Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017
Applies to: Federal Act — see s 2 (Application) · Official text ↗
- Defines who is considered a child for the purposes of the Act as a person under the age of eighteen (s 2(1)).
- Defines child sexual abuse material and sexually explicit conduct (s 4).
- Criminalises accessing or possessing child sexual abuse material (s 10).
- Criminalises sexually communicating with or encouraging a child to sexually communicate (s 11).
- Criminalises physical sexual assault on a child (s 14).
- Imposes additional penalties for offenders in a relationship of trust with the child (s 16).
- Establishes presumptions regarding the capacity and evidence of child witnesses (ss 17–18).
- Provides for rehabilitative counselling and compensation orders for child victims (ss 26, 26A).
What this law is
The Sexual Offences Against Children Act 2017 (Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017) is numbered Act 792 in the Laws of Malaysia. Where it applies is set out in section 2 (Application).
Its long title, as printed in the official text: An Act to provide for certain sexual offences against children and their punishment in addition to other sexual offences against children and their punishment in other written laws, and in relation to it to provide for the administration of justice for children and connected matters.
Read every section, the amendment history and the official copy on our law library page for this Act.
How the Act is arranged
- Part I — Preliminary (ss 1–3)
- Part II — Offences relating to child sexual abuse material (ss 4–10)
- Part III — Offences relating to child grooming (ss 11–13)
- Part IV — Offences relating to sexual assault, sexual performance and sexual extortion (ss 14–15B)
- Part V — Person in a relationship of trust (s 16)
- Part VI — Capacity and evidence of child witness (ss 17–18)
- Part VII — Miscellaneous (ss 19–28)
Part titles are from the official arrangement of sections.
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Accessing, or having in possession or control, child sexual abuse material | imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand ringgit or to both | s 10 |
| Sexually communicating with a child or encouraging a child to sexually communicate | imprisonment for a term not exceeding three years | s 11(1) |
| Physical sexual assault on a child | imprisonment for a term not exceeding twenty years and shall also be liable to whipping | s 14 |
| Committing an offence under this Act while in a relationship of trust with the child | imprisonment for a term not exceeding five years and shall also be punished with whipping of not less than two strokes | s 16(1) |
| Failure to give information of the commission or intention to commit an offence under this Act | a fine not exceeding five thousand ringgit | s 19 |
Laws cited on this page
| Act 792 | Sexual Offences Against Children Act 2017 Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017 | PDF · PDF (BM) · Official ↗ |
Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 2 | The Act applies to children under the age of eighteen, and includes a person whom an accused believes is of that age (s 2(1)–(2)). |
| s 4 | Defines 'child sexual abuse material' as any representation of a child or a person appearing to be a child engaged in sexually explicit conduct, and lists what constitutes sexually explicit conduct (s 4(a)–(b)). |
| s 10 | It is an offence to access or have in possession or control any child sexual abuse material (s 10). |
| s 11 | It is an offence to sexually communicate with a child or encourage a child to sexually communicate, unless the communication is for education, scientific, or medical purposes (s 11(1)–(3)). |
| s 14 | It is an offence to touch a child, make a child touch a person or themselves, or do any other act involving physical contact with a child for sexual purposes (s 14). |
| s 16 | A person in a relationship of trust with a child who commits an offence under this Act faces additional punishment (s 16(1)). |
| s 17 | A child is presumed to be competent to give evidence in proceedings relating to offences under this Act unless the court thinks otherwise (s 17). |
| s 18 | A court may convict a person based on the uncorroborated evidence of a child (s 18). |
| s 19 | It is an offence to fail to give information to the officer in charge of the nearest police station about the commission or intention to commit an offence under this Act (s 19). |
| s 20 | Believing a child is older than the specified age is not a defence unless the accused took all reasonable steps to ascertain the child's age (s 20). |
| s 26 | The court may order a period of rehabilitative counselling for a convicted person within the period of their detention (s 26(1)). |
| s 26A | The court may order a convicted person to pay compensation to a child victim for injury suffered as a result of the offence (s 26A(1)). |
Worked examples
Facts. Ahmad, a teacher at a secondary school, sends sexually explicit messages to his student, Siti, who is 16 years old, via a messaging app.
The law. Ahmad sexually communicated with a child (s 11(1)(a)). He is in a relationship of trust as a teacher (s 16(2)(c)).
Outcome. Ahmad is liable to imprisonment for a term not exceeding three years (s 11(1)) and, in addition, imprisonment for a term not exceeding five years and whipping of not less than two strokes (s 16(1)).
Facts. Ravi downloads a file from the internet that contains images of a child engaged in sexually explicit conduct and saves it to his computer hard drive.
The law. Ravi has in his possession or control child sexual abuse material (s 10).
Outcome. Ravi is liable to imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand ringgit or to both (s 10).
Facts. Sara opens an e-mail attachment from an unknown sender without knowing it contains child sexual abuse material. When she sees what it is, she deletes the e-mail at once.
The law. A person accesses child sexual abuse material if he knowingly causes it to be viewed by, or transmitted to, himself (s 10, Explanation). Illustration (a) to s 10 describes exactly this situation.
Outcome. Under Illustration (a) to s 10, Sara is not guilty of an offence under s 10. Had she kept viewing it knowing what it was, Illustration (b) says she would be.
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Who does this law protect?
The law applies to a child who is under the age of eighteen years (s 2(1)). It also includes a person whom an accused believes is of that age (s 2(2)).
What counts as child sexual abuse material?
It includes any representation, whether visual, audio, or written, of a child or a person appearing to be a child engaged in sexually explicit conduct (s 4(a)). Sexually explicit conduct includes sexual intercourse, lewd acts, bestiality, masturbation, and other specific acts (s 4(b)).
Is it illegal to just look at child sexual abuse material?
Yes, a person is said to access child sexual abuse material if he knowingly causes it to be viewed by himself (s 10 Explanation). Accessing or having it in possession or control is an offence (s 10).
Can I be punished more if I am a teacher or parent?
Yes, if a person in a relationship of trust with the child commits an offence, they face additional punishment (s 16(1)). A relationship of trust includes parents, teachers, coaches, and healthcare providers (s 16(2)).
Does a child's testimony need to be backed up by other evidence?
No, the court may convict a person on the basis of the uncorroborated evidence of a child (s 18). A child is also presumed to be competent to give evidence (s 17).
Can the court order the offender to pay for the child's treatment?
Yes, the court may order the convicted person to pay a sum as compensation to the child victim for injury suffered (s 26A(1)). The court considers factors like the seriousness of the offence and expenses incurred (s 26A(4)).
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Sources
Related
Child Act 2001Penal CodeThe criminal process: from police report to verdictYour rights when arrested