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 23

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