Section II
HIPCAR – Cybercrime/e-Crimes
Failure to
Permit
Assistance
17.
(1) A person other than the suspect who intentionally fails without lawful
excuse or justification or in excess of a lawful excuse or justification to permit
or assist a person based on an order as specified by sections 20 to 22 commits
an offence punishable, on conviction, by imprisonment for a period not
exceeding [period], or a fine not exceeding [amount], or both.
(2) A country may decide not to criminalize the failure to permit assistance
provided that other effective remedies are available.
Harassment
Utilizing
Means of
Electronic
Communication
18.
A person, who without lawful excuse or justification or in excess of a lawful
excuse or justification initiates any electronic communication, with the intent
to coerce, intimidate, harass, or cause substantial emotional distress to a
person, using a computer system to support severe, repeated, and hostile
behavior, commits an offence punishable, on conviction, by imprisonment for
a period not exceeding [period], or a fine not exceeding [amount], or both.
PART III – JURISDICTION
Jurisdiction
19.
This Act applies to an act done or an omission made:
a.
in the territory of [enacting country]; or
b.
on a ship or aircraft registered in [enacting country]; or
c.
by a national of [enacting country] outside the jurisdiction of any
country; or
by a national of [enacting country] outside the territory of [enacting country],
if the person’s conduct would also constitute an offence under a law of the
country where the offence was committed.
PART IV – PROCEDURAL LAW
Search and
Seizure
20.
(1) If a [judge] [magistrate] is satisfied on the basis of [information on oath]
[affidavit] that there are reasonable grounds [to suspect] [to believe] that
there may be in a place a thing or computer data:
a.
that may be material as evidence in proving an offence; or
b.
that has been acquired by a person as a result of an offence;
the magistrate [may] [shall] issue a warrant authorizing a [law enforcement]
[police] officer, with such assistance as may be necessary, to enter the place
to search and seize the thing or computer data including search or similarly
access:
i.
a computer system or part of it and computer data stored therein;
and
ii. a computer-data storage medium in which computer data may be
stored in the territory of the country.
> Model Policy Guidelines & Legislative Text
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