14
Laws of Malaysia
Act 792
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.
Part V
PERSON IN A RELATIONSHIP OF TRUST
Person in a relationship of trust
16. (1) If a person who commits any offence under this Act
or any offence specified in the Schedule against a child, is in a
relationship of trust with the child, such person shall, in addition
to the punishment to which he is liable for such offence, be
punished with imprisonment for a term not exceeding five years
and shall also be punished with whipping of not less than two
strokes.
(2) In this section, a person is said to be in a relationship of
trust with a child if the child is under his care, supervision or
authority, including but not limited to—
(a)
a parent, guardian or person who is related through
full- blood or half-blood, or through marriage or adoption,
including de facto adoption;
(b)
a person who looks after one or more children for valuable
consideration for any period of time;
(c)
a teacher, lecturer or warden of a kindergarten, school,
public institution of higher learning or private institution
of higher learning;
(d)
any person providing healthcare services in a Government
healthcare facility or private healthcare facility as defined
in section 2 of the Private Healthcare Facilities and
Services Act 1998 [Act 586];
(e)
a coach; and
(f)
a public servant of whatever rank in the course of his
duty under any written law in respect of the child.