10 Laws of Malaysia Act 792 Accessing, etc., child pornography 10. Any person who accesses, or has in his possession or control, any child pornography commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand ringgit or to both. Explanation—A person is said to access child pornography if he knowingly causes child pornography to be viewed by, or transmitted to, himself. ILLUSTRATIONS (a) A receives an e-mail from an unknown sender with an untitled attachment. A opens the attachment without knowing that the attachment contains child pornography. Upon viewing the content of the attachment, A immediately deletes the e-mail from his e-mail account. A is not guilty of an offence under this section. (b) A receives an e-mail from an unknown sender with an untitled attachment. A opens the attachment without knowing that the attachment contains child pornography. Upon viewing the content of the attachment and despite knowing that the attachment contains child pornography, A continuously views the child pornography. A is guilty of an offence under this section. (c) A uses B’s computer and discovers a document containing child pornography stored in the computer’s hard disk. A transmits the said documents into his pen drive and keeps the pen drive in his office. A is guilty of an offence under this section. Part III OFFENCES RELATING TO CHILD GROOMING Sexually communicating with a child 11. (1) Subject to subsection (3), any person who— (a) sexually communicates with a child; or (b) encourages a child to sexually communicate, by any means, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding three years.