قاعدة بيانات التشريعات

الجرائم السيبرانية
  • الأفعال التي تمس بسرية البيانات والنظم الحاسوبية وسلامتها وتوافرها

    • • الوصول غير المشروع إلى البيانات الحاسوبية
 Part III
 Articles 3, 4

تاريخ بدء النفاذ:

2004-04-06

 

تاريخ الاعتماد:

2003-11-04

 

النص الأصلي

3. (1) Subject to subsection (2), any person who,
without authority, knowingly causes a computer to perform
any function for the purpose of securing access to any
program or data held in any computer shall be guilty of an
offence and shall be liable on summary conviction to a fine
not exceeding five thousand dollars or to imprisonment for
a term not exceeding six months or to both such fine and
imprisonment and, in the case of a second or subsequent
conviction, to a fine not exceeding ten thousand dollars or
to imprisonment for a term not exceeding one year or to
both such fine and imprisonment.

(2) If any damage is caused as a result of an offence
under this section, a person convicted of the offence shall
be liable to a fine not exceeding twenty thousand dollars or
to imprisonment for a term not exceeding three years or to
both such fine and imprisonment.

(3) For the purposes of this section, it is immaterial
that the act in question is not directed at —
(a) any particular program or data;
(b) a program or data of any kind; or
(c) a program or data held in any particular
computer.

4. (1) Any person who causes a computer to
perform any function for the purpose of securing access to
any program or data held in any computer with intent to
commit an offence (whether by himself or by any other
person) to which this section applies shall be guilty of an
offence.
(2) This section shall apply to an offence involving
property, fraud, dishonesty or which causes bodily harm
and which is punishable on conviction with imprisonment
for a term of not less than two years.
(3) Any person guilty of an offence under this
section shall be liable on summary conviction to a fine not
exceeding ten thousand dollars or to imprisonment for a
term not exceeding three years or to both such fine and
imprisonment.
(4) A person may be guilty of an offence under this
section even though the facts are such that the commission
of the further offence is impossible.
(5) For the purposes of this section, it is immaterial
whether —
(a) the access referred to in subsection (1) is
authorised or unauthorised;
(b) the offence to which this section applies is
committed at the same time when the access is
secured or at any other time.

 

التفاصيل

المصدر:

http://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/2003/2003-0002/ComputerMisuseAct_1.pdf

 

القضايا الشاملة

      • • الأدلة الإلكترونية/الأدلة الرقمية
 

المرفقات