LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2017 Electronic Crimes Act CAP. 4.41 13 (2) If the offence created by subsection (1) is committed by sending out multiple electronic mail messages from or through computer systems, the person shall be liable, on conviction, to a fine not exceeding one hundred thousand dollars or imprisonment for a term not exceeding ten years, or both. Data espionage. 15. A person who, knowingly, without lawful excuse or justification or in excess of a lawful excuse or justification, obtains for himself or herself from another computer data which are not meant for him or her and which are specially protected against unauthorised access, commits an offence, and shall be liable, on summary conviction, to a fine not exceeding fifty thousand dollars, or to imprisonment for a term not exceeding five years, or both. Identity-related crimes. 16. A person who knowingly, without lawful excuse or justification or in excess of a lawful excuse or justification, uses a computer system at any stage of an offence to transfer, possess, or use a means of identification of another person with the intent to commit, aid or abet, or in connection with, any unlawful activity that constitutes a crime, commits an offence, and shall be liable, on summary conviction, to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding five years, or both. Spam. 17. A person who knowingly, without lawful excuse or justification— (a) initiates the transmission of multiple electronic mail messages from or through a computer system; (b) uses a protected computer system to relay or retransmit multiple electronic mail messages, with intent to deceive or mislead users, or any electronic mail or internet service provider, as to the origin of such messages; or (c) materially falsifies header information in multiple electronic mail messages and intentionally initiates the transmission of such messages, commits an offence, and shall be liable, on summary conviction, to a fine not exceeding fifty thousand dollars, or to imprisonment for a term not exceeding five years, or both. (Inserted by Act 26 of 2012) PART III PROCEDURAL POWERS Warrant. 18. *(1) Where a Magistrate is satisfied, on the basis of information given on oath by a police officer, that there are reasonable grounds to suspect that there may be in a place or premises a thing or computer data— Act 26 of 2012 renumbered original section 15 as section 18, renumbered original subsections (4) to (6) as subsections (6) to (8), and inserted new subsections (4) and (5). *

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