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.