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  • Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007
  • Frequent Offences Committed

Frequent Offences Committed

TRAFFICKING IN PERSONS

SECTION

OFFENCE

PENALTY

12

Trafficking in persons not being a child for the purpose of exploitation

On conviction, imprisonment not exceeding fifteen (15) years and liable to a fine

13

Trafficking in persons not being a child for the purpose of exploitation by one or more of the following means:

(a) Threat;

(b) Use of force or other forms of coercion;

(c)  Abduction;

(d)  Fraud;

(e)  Deception;

(f)  Abuse of power;

(g) Abuse of the position of vulnerability of a person to an act of trafficking in persons; or

(h) The giving or receiving of payments or benefits to obtain the consent of a person having control over the trafficked person.

On conviction, imprisonment not less than three (3) years but not exceeding twenty (20) years and liable to a fine

 

14

Trafficking in persons being a child for the purpose of exploitation

On conviction, imprisonment not less than three (3) years but not exceeding twenty (20) years and liable to a fine

15

Offence of profiting from exploitation of a trafficked person

On conviction, imprisonment not exceeding fifteen (15) years and liable to a fine of five hundred thousand ringgit but not exceeding one million ringgit and shall also be liable to forfeiture of the profits from the offence

15A

Offence of bringing in transit a trafficked person through Malaysia (land, sea or air) or arranging or facilitating such act

On conviction, imprisonment not exceeding seven (7) years and liable to a fine

HUMAN SMUGGLING

SECTION

OFFENCE

PENALTY

26A

Offence of smuggling of migrants

On conviction, imprisonment not exceeding fifteen (15) years and liable to a fine or both

26B

Aggravated offence of smuggling of migrants involving:

(a)   intention to exploit the smuggled migrant after entry into the receiving country or transit country whether by the person himself or by another person;

(b)  subjecting the smuggled migrant to cruel, inhuman or degrading treatment; or

(c)┬á┬á┬á the personÔÇÖs conduct gives rise to a risk of death or serious harm to the smuggled migrant.

On conviction, imprisonment not less than three (3) years but not exceeding twenty (20) years and liable to a fine or both

26C

Offence of bringing in transit a smuggled migrant through Malaysia by land, sea or air or otherwise arranging or facilitating such act.

On conviction, imprisonment not less than seven (7) years and liable to a fine or both

26D

Offence of profiting from the offence of smuggling of migrants

On conviction, imprisonment not less than seven (7) years and not exceeding fifteen (15) years and liable to a fine of not less than five hundred thousand ringgit but not exceeding one million ringgit and shall also be liable to forfeiture of the profits from the offence

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