8 \ Model Law on Computer and Computer Related Crime (a) any non-public transmission to, from or within a computer system; or (b) electromagnetic emissions from a computer system that are carrying computer data; commits an offence punishable, on conviction, by imprisonment for a period not exceeding [period], or a fine not exceeding [amount], or both. Illegal devices 9. (1) A person commits an offence if the person: (a) intentionally or recklessly, without lawful excuse or justification, produces, sells, procures for use, imports, exports, distributes or otherwise makes available: (i) a device, including a computer program, that is designed or adapted for the purpose of committing an offence against section 5, 6, 7 or 8; or (ii) a computer password, access code or similar data by which the whole or any part of a computer system is capable of being accessed; with the intent that it be used by any person for the purpose of committing an offence against section 5, 6, 7 or 8; or (b) has an item mentioned in subparagraph (a)(i) or (a)(ii) in his or her possession with the intent that it be used by any person for the purpose of committing an offence against section 5, 6, 7 or 8. (2) A person found guilty of an offence against this section is liable to a penalty of imprisonment for a period not exceeding [period], or a fine not exceeding [amount], or both. [(3) Where a person possesses more than [number to be inserted] item(s) mentioned in subparagraph (1)(a)(i) or (1)(a)(ii), a court may, having regard to all the circumstances, infer that the person possesses the item with the intent that it be used by any person for the purpose of committing an offence against section 5, 6, 7 or 8.] NOTE: Subsection 3 is an optional provision. For some countries such a presumption may prove very useful while for others, it may not add much value, in the context of this particular offence. Countries need to consider whether the addition would be useful within the particular legal context. Child pornography 10. (1) A person who, intentionally, does any of the following acts: (a) publishes child pornography through a computer system; (b) produces child pornography for the purpose of its publication through a computer system; or (c) possesses child pornography in a computer system or on a computer data storage medium; commits an offence punishable, on conviction, by imprisonment for a period not exceeding [period], or a fine not exceeding [amount], or both.