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 21

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