Who can be prosecuted under Act 792 for offences outside Malaysia?

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Act 792 can be used to prosecute offences outside Malaysia involving Malaysian-linked children and offenders

Offences committed outside Malaysia can be prosecuted under the Sexual Offences Against Children Act 2017 (Act 792) when they involve a child who is a Malaysian citizen or a permanent resident. The proposed amendment also expands coverage so that offences specified in the Schedule, committed outside Malaysia, can be prosecuted when the offender is a permanent resident or has habitual residence in Malaysia, as well as when any person commits the offence against a child who is a Malaysian citizen, permanent resident, or has habitual residence in Malaysia.
Offences outside Malaysia involving Malaysian citizen or permanent resident children
The amendment to section 3 would make overseas offences punishable under Act 792 if they involve a child who is a Malaysian citizen or a permanent resident. It also states that Act 792 would apply to sexual offences against children committed overseas by Malaysian citizens or permanent residents.
Offences specified in the Schedule committed outside Malaysia by certain offenders
The proposed substitution of section 3 would expand extra-territorial application to offences listed in the Schedule that are committed outside Malaysia. In those cases, prosecution under Act 792 would apply when the offender is a permanent resident or when the offender’s habitual residence is in Malaysia.
Offences against children with Malaysian-linked status, regardless of the offender’s ties
The expanded wording also covers situations where any person commits a sexual offence against a child outside Malaysia. This would apply when the child is a Malaysian citizen, a permanent resident, or has habitual residence in Malaysia.
The Bill’s process in Parliament
The Sexual Offences against Children (Amendment) Bill 2026 was tabled for its first reading in the Dewan Rakyat on June 23 by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said. The Bill is set to be tabled for its second reading during the current parliamentary sitting.

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Who can be prosecuted under Act 792 for offences outside Malaysia?

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