Article 32: Misuse of Device
1. Any person when committed intentionally and without right:
a. the production, sale, procurement for use, import, distribution or otherwise
making available of:
i. a device, including a computer program, designed or adapted
primarily for the purpose of committing any of the offences established
in accordance with the above Articles 21 through 32;
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 intent that it be used for the purpose of committing any of the
offences established in Articles 21 through 32; and
b. the possession of an item referred to in paragraphs a.i or ii above, with
intent that it be used for the purpose of committing any of the offences
established in Articles 21 through 32. A Party may require by law that a
number of such items be possessed before criminal liability attaches.
Shall be sentenced from 1 year to 6 years and fined from two million Riel
(2,000,000) to twelve million Riel (12,000,000).
2. This article shall not be interpreted as imposing criminal liability where the
production, sale, procurement for use, import, distribution or otherwise making
available or possession referred to in paragraph 1 of this article is not for the purpose
of committing an offence established in accordance with Articles 21 through 32 of
this Convention, such as for the authorised testing or protection of a computer system.
Article 33: Attempt
Attempt to commit a misdemeanor as stated in Article 427 (Accessing or Maintaining
Access to Automated Data Processing System), Article 428 (Act of Obstructing the
Operations of Automated Data Processing System), Article 429 (Fraudulent
Introduction, Deletion or Modification of Data), Article 430 (Participation in Group
or a Agreement to prepare for the commission of Offences) of Criminal Code and
Article 21 (Illegal Access), Article 22 (Data Espionage), Article 23 (Illegal
Interception), Article 24 (Data Interference), Article 25 (Unauthorized Data Transfer),
Article 26 (System Interference), Article 27 (Child Pornography), Article 28
(Contents and Websites), Article 29 (Intellectual Property Rights and Related Rights),
Article 30 (Computer Related Fraud), Article 31 (Computer Related Forgery) and
Article 32 (Misuse of Device) of this law shall face the same punishment as
misdemeanor.
Article 34: Accessory Penalty applicable to certain Cybercrime Offences
For the felonies and the misdemeanors described in this present chapter, the following
additional penalties may be pronounced:
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