12 CAP. 4.41 Electronic Crimes Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2017 (c) realistic images representing a minor engaged in sexually explicit conduct; “publish” includes— (a) distribute, transmit, disseminate, circulate, deliver, exhibit, lend for gain, exchange, barter, sell or offer for sale, let on hire or offer to let on hire, offer in any other way, or make available in any way; or (b) have in possession or custody, or under control, for the purpose of doing an act referred to in paragraph (a); or (c) print, photograph, copy or make in any other manner, whether of the same or of a different kind or nature, for the purpose of doing an act referred to in paragraph (a). Unlawful communications. 13. (1) Where a person without lawful excuse or justification knowingly uses a computer system to send a message, letter, or electronic communication that— (a) is obscene; (b) constitutes a threat; or (c) is menacing in character, to a recipient and intends to cause the recipient or any other person who is the subject of that message or letter or electronic communication to feel intimidated, molested, harassed or threatened, he commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of twelve months or to both such fine and imprisonment. (2) Where a person without lawful excuse or justification publishes the message, letter or electronic communication referred to in subsection (1), to any other person not being a person who is the subject of the message, letter or electronic communication, then that first person commits an offence and is liable on summary conviction to a fine of fifteen thousand dollars or to imprisonment for a term of two years or to both such fine and imprisonment. (3) For the purposes of subsection (1), communication that constitutes a threat or is menacing in character includes communication that causes substantial emotional distress. (Inserted by Act 26 of 2012) Computer-related forgery. 14. (1) A person who knowingly, without lawful excuse or justification or in excess of a lawful excuse or justification— (a) makes an input; (b) alters; (c) deletes; or (d) suppresses computer data, resulting in inauthentic computer data with intent that it be considered or acted upon for legal purposes as if it were authentic, regardless of whether or not the computer data is directly readable and intelligible, commits an offence, and shall be liable on summary conviction, to imprisonment for a period not exceeding five years.

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