PETALING JAYA - The couple caught having sex on a balcony of an apartment could be charged for gross indecency, said a criminal lawyer.
Lawyer Sreekant Pillai said that any charge would fall under Section 377D of the Penal Code.
The act says that anyone who conducted an act of 'gross indecency' with another person in either public or private could be jailed up to two years.
"They have been filmed and the video has gone around," he told The Star Online.
Reports and video of an unidentified couple having sex in broad daylight at the balcony of an apartment unit in Bangsar South were widely shared on social networks on Tuesday.
Their 30-minute act was recorded by a tenant from another unit facing them.
Police confirmed that the matter was under investigation and that they were gathering evidence.
Another lawyer, who did not want to be named, said that because the couple performed the act in the open, there were grounds for them to be charged.
"It was inside the bedroom it would be a different story. But this was on the balcony, out in the open where they could be easily seen by others. It would be difficult to argue," he said.
The police also said that the person who videotaped the couple could be probed for possession of pornographic material.
Lawyer Syahredzan Johan said the person who filmed the act may fall foul of the Film Censorship Act for the possession and circulation of an obscene video.
However, he stressed that while he disagreed with the filming and circulation of the video, there were other, more important issues the police should focus on.