12
Laws of Malaysia
Act 792
(2) In any proceedings under this section, the fact that any
offence under section 5, 6, 7, 8, 14 or 15 or any offence specified
in the Schedule has been committed need not be specified or
proven.
ILLUSTRATIONS
(a)
A communicates with Z, a child via social media by pretending to
be a teenager and develops a love relationship with Z. A takes a step
further and meets Z with the intention of using Z in the making of
child pornography. A is guilty of an offence under this section.
(b)
A communicates with Z, a child via e-mail and befriends Z. A takes
a step further and meets Z with the intention that A’s friends C and
B could rape Z. A is guilty of an offence under this section.
Part IV
OFFENCES RELATING TO SEXUAL ASSAULT
Physical sexual assault on a child
14. 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.