Section II
HIPCAR – Cybercrime/e-Crimes
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 defined by other provisions of Part II of this law; or
b.
has an item mentioned in subparagraph (i) or (ii) in his or her
possession with the intent that it be used by any person for the
purpose of committing an offence defined by other provisions of part II
of this law commits an offence punishable, on conviction, by
imprisonment for a period not exceeding [period], or a fine not
exceeding [amount], or both.
(2) This provision 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 is not for the
purpose of committing an offence established in accordance with other
provisions of Part II of this law, such as for the authorized testing or protection
of a computer system.
(3) A country may decide not to criminalize illegal devices or limit the
criminalization to devices listed in a Schedule.
Computerrelated
Forgery
11.
(1) A person who, intentionally, without lawful excuse or justification or in
excess of a lawful excuse or justification inputs, alters, deletes, or suppresses
computer data, resulting in inauthentic data with the intent that it be
considered or acted upon for legal purposes as if it were authentic, regardless
whether or not the data is directly readable and intelligible commits an
offence punishable, on conviction, by imprisonment for a period not
exceeding [period], or a fine not exceeding [amount], or both.
(2) If the abovementioned offence is committed by sending out multiple
electronic mail messages from or through computer systems, the penalty shall
be imprisonment for a period not exceeding [period], or a fine not exceeding
[amount], or both.
Computerrelated
Fraud
12.
A person who, intentionally, without lawful excuse or justification or in excess
of a lawful excuse or justification causes a loss of property to another person
by:
a.
any input, alteration, deletion or suppression of computer data;
b.
any interference with the functioning of a computer system,
with fraudulent or dishonest intent of procuring, without right, an economic
benefit for oneself or for another person the penalty shall be imprisonment
for a period not exceeding [period], or a fine not exceeding [amount], or both.
Child
Pornography
13.
(1) A person who, intentionally, without lawful excuse or justification:
a.
produces child pornography for the purpose of its distribution through
a computer system;
b.
offers or makes available child pornography through a computer
system;
c.
distributes or transmits child pornography through a computer system;
d.
procures and/or obtain child pornography through a computer system
for oneself or for another person;
> Model Policy Guidelines & Legislative Text
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