^macro[html_start;Some computer related offences found in the 1998 Criminal Code of Canada;Some computer related offences found in the 1998 Criminal Code of Canada;Some, computer related, offences, found, 1998, Criminal Code, Canada]
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<center><b><FONT FACE="Arial"><font color="#333366"><h3>Some computer related offences found in the 1998 Criminal Code of Canada<br></b></font></font></h3></center>

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<b>Making, having or dealing in instruments for forging or falsifying credit cards -- s. 342.01(1) </b>
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342.01 (1) Every person who, without lawful justification or excuse, 
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(a) makes or repairs, 
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(b) buys or sells, 
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(c) exports from or imports into Canada, or 
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(d) possesses 
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any instrument, device, apparatus, material or thing that the person knows has been used or knows is adapted or intended for use in forging or falsifying credit cards is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction. 
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Forfeiture -- s. 342.01(2) 
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(2) Where a person is convicted of an offence under subsection (1), any instrument, device, apparatus, material or thing in relation to which the offence was committed or the possession of which constituted the offence may, in addition to any other punishment that may be imposed, be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs. 
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Limitation -- s. 342.01(3) 
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(3) No order of forfeiture may be made under subsection (2) in respect of any thing that is the property of a person who was not a party to the offence under subsection (1). 
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1997, c. 18, s. 17. 
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Unauthorized use of computer -- s. 342.1(1) 
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342.1 (1) Every one who, fraudulently and without colour of right, 
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(a) obtains, directly or indirectly, any computer service, 
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(b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system, 
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(c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or an offence under section 430 in relation to data or a computer system, or 
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(d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c) 
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is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction. 
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Definitions -- s. 342.1(2) 
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(2) In this section, 
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"computer password" 
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"computer password" means any data by which a computer service or computer system is capable of being obtained or used^; 
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"computer program" 
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"computer program" means data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function^; 
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"computer service" 
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"computer service" includes data processing and the storage or retrieval of data^; 
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"computer system" 
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"computer system" means a device that, or a group of interconnected or related devices one or more of which, 
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(a) contains computer programs or other data, and 
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(b) pursuant to computer programs, 
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(i) performs logic and control, and 
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(ii) may perform any other function^; 
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"data" 
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"data" means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer system^; 
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"electro-magnetic, acoustic, mechanical or other device" 
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"electro-magnetic, acoustic, mechanical or other device" means any device or apparatus that is used or is capable of being used to intercept any function of a computer system, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing^; 
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"function" 
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"function" includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer system^; 
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"intercept" 
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"intercept" includes listen to or record a function of a computer system, or acquire the substance, meaning or purport thereof. 
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"traffic" 
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"traffic" means, in respect of a computer password, to sell, export from or import into Canada, distribute or deal with in any other way. 
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R.S., 1985, c. 27 (1st Supp.), s. 45^; 1997, c. 18, s. 18. 
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Possession of device to obtain computer service -- s. 342.2(1) 
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342.2 (1) Every person who, without lawful justification or excuse, makes, possesses, sells, offers for sale or distributes any instrument or device or any component thereof, the design of which renders it primarily useful for committing an offence under section 342.1, under circumstances that give rise to a reasonable inference that the instrument, device or component has been used or is or was intended to be used to commit an offence contrary to that section, 
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(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years^; or 
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(b) is guilty of an offence punishable on summary conviction. 
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Forfeiture -- s. 342.2(2) 
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(2) Where a person is convicted of an offence under subsection (1), any instrument or device, in relation to which the offence was committed or the possession of which constituted the offence, may, in addition to any other punishment that may be imposed, be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs. 
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Limitation -- s. 342.2(3) 
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(3) No order of forfeiture may be made under subsection (2) in respect of any thing that is the property of a person who was not a party to the offence under subsection (1). 
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1997, c. 18, s. 19. 
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Mischief -- ss. 430 to 432 
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Mischief -- s. 430(1) 
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430. (1) Every one commits mischief who wilfully 
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(a) destroys or damages property^; 
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(b) renders property dangerous, useless, inoperative or ineffective^; 
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(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property^; or 
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(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property. 
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Mischief in relation to data -- s. 430(1.1) 
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(1.1) Every one commits mischief who wilfully 
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(a) destroys or alters data^; 
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(b) renders data meaningless, useless or ineffective^; 
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(c) obstructs, interrupts or interferes with the lawful use of data^; or 
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(d) obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto. 
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Punishment -- s. 430(2) 
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(2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life. 
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Punishment -- s. 430(3) 
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(3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars 
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(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years^; or 
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(b) is guilty of an offence punishable on summary conviction. 
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Idem -- s. 430(4) 
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(4) Every one who commits mischief in relation to property, other than property described in subsection (3), 
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(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years^; or 
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(b) is guilty of an offence punishable on summary conviction. 
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Idem -- s. 430(5) 
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(5) Every one who commits mischief in relation to data 
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(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years^; or 
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(b) is guilty of an offence punishable on summary conviction. 
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Offence -- s. 430(5.1) 
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(5.1) Every one who wilfully does an act or wilfully omits to do an act that it is his duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or data, 
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(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years^; or 
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(b) is guilty of an offence punishable on summary conviction. 
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Saving -- s. 430(6) 
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(6) No person commits mischief within the meaning of this section by reason only that 
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(a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment^; 
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(b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment^; or 
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(c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees. 
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Idem -- s. 430(7) 
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(7) No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information. 
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Definition of "data" -- s. 430(8) 
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(8) In this section, "data" has the same meaning as in section 342.1. 
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R.S., 1985, c. C-46, s. 430^; R.S., 1985, c. 27 (1st Supp.), s. 57^; 1994, c. 44, s. 28. 
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