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.

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