Section II
HIPCAR – Cybercrime/e-Crimes
(2) A country may require that the offence be committed with a dishonest
intent, or in relation to a computer system that is connected to another
computer system, or by circumventing protection measures implemented to
prevent access to the content of non-public transmission.
Illegal Data
Interference
7.
A person who, intentionally, without lawful excuse or justification or in excess
of a lawful excuse or justification, does any of the following acts:
a.
damages or deteriorates computer data; or
b.
deletes computer data ; or
c.
alters computer data; or
d.
renders computer data meaningless, useless or ineffective; or
e.
obstructs, interrupts or interferes with the lawful use of computer data;
or
f.
obstructs, interrupts or interferes with any person in the lawful use of
computer data; or
g.
denies access to computer data to any person authorized to access it;
commits an offence punishable, on conviction, by imprisonment for a period
not exceeding [period], or a fine not exceeding [amount], or both.
Data
Espionage
8.
(1) A person who, intentionally, without lawful excuse or justification or in
excess of a lawful excuse or justification obtains, for himself or for another,
computer data which are not meant for him and which are specially protected
against unauthorized access, commits an offence punishable, on conviction,
by imprisonment for a period not exceeding [period], or a fine not exceeding
[amount], or both.
(2) A country may limit the criminalisation to certain categories of computer
data.
Illegal
System
Interference
9.
(1) A person who, intentionally, without lawful excuse or justification or in
excess of a lawful excuse or justification:
a.
hinders or interferes with the functioning of a computer system; or
b.
hinders or interferes with a person who is lawfully using or operating a
computer system;
commits an offence punishable, on conviction, by imprisonment for a period
not exceeding [period], or a fine not exceeding [amount], or both.
(2) A person who intentionally, without lawful excuse or justification or in
excess of a lawful excuse or justification hinders or interferes with a computer
system that is exclusively for the use of critical infrastructure operations, or in
the case in which such is not exclusively for the use of critical infrastructure
operations, but it is used in critical infrastructure operations and such conduct
affects that use or impacts the operations of critical infrastructure the
punishment shall be imprisonment for a period not exceeding [period], or a
fine not exceeding [amount], or both.
Illegal
Devices
10.
(1) A person commits an offence if the person:
a.
intentionally, without lawful excuse or justification or in excess of a
lawful excuse or justification, produces, sells, procures for use, imports,
exports, distributes or otherwise makes available:
i.
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a device, including a computer program, that is designed or
adapted for the purpose of committing an offence defined by other
provisions of Part II of this law; or
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