Electronic Crimes Act, 2013
(b)
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be attributable to the failure of any such director, manager, secretary, or other
officer or person, to exercise all such reasonable diligence as he ought in the circumstances to have exercised to prevent the offence, having regard to the nature of his powers and all the circumstances,
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Electronic Crimes Act, 2013
[L.S.]
the director, manager, secretary or other officer or person as aforesaid, as well as the body corporate
commit that offence, and shall be liable to be proceeded against and punished accordingly.
I Assent,
(3) For the purposes of this section, a person shall be deemed to be a director of a body corporate
if he occupies in relation thereto, the position of a director, by whatever name called, or is a person
in accordance with whose directions or instructions (not being directions or instructions in a professional capacity only) the directors and the body corporate or any of them, act.
Louise Lake-Tack,
Governor-General.
28. Extraditable offences
An offence pursuant to Part II shall be considered to be an extraditable crime for which extradition
may be granted or obtained under the Extradition Act 1993.
28th October, 2013.
ANTIGUA AND BARBUDA
29. Order for compensation
ELECTRONIC CRIMES ACT, 2013
(1) A Court before which a person is convicted of an offence under this Act may make an order
against that person for the payment by that person of a sum of money fixed by the Court by way of
compensation to a person for damage caused to his or her electronic system, program or data by the
offence in respect of which the sentence is passed.
AN ACT to provide for the prevention and punishment of electronic crimes and for related matters.
(2) A claim by a person for damages sustained by reason of the offence shall be deemed to have
been satisfied to the extent of any amount which has been paid to him or her under an order for
compensation, except that the order shall not prejudice any right to a civil remedy for the recovery
of damages beyond the amount of compensation paid under the order.
BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of
the Senate and House of Representatives of Antigua and Barbuda, and by the authority of the same
as follows –
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PART I
PRELIMINARY
(3) An order for compensation under this section shall be recoverable as a civil debt.
30. Forfeiture
1.
(1) The Court before which a person is convicted of an offence under this Act may, in addition
to any penalty imposed, order the forfeiture of any apparatus, article or thing which is the subject
matter of the offence or is used in connection with the commission of the offence.
This Act may be cited as the Electronic Crimes Act, 2013.
2.
(2) In addition to making an order that any obscene matter forming part of the subject matter of
the offence is forfeited, the Court shall, where appropriate, order that the obscene matter be deleted
from or no longer stored or made available through the electronic system.
Short title
Interpretation
In this Act –
31. Regulations
“access” in the context of an electronic system means to communicate with, store data in,
retrieve data from, or otherwise make use of any of the resources of the electronic system;
The Minister may make Regulations for the purposes of giving effect to the provisions of this Act.
“child pornography” means pornographic material that depicts, presents or represents-