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Computer Crimes Act 1997 [Act 563]

Part II   cite [+]

OFFENCES

3 Unauthorized access to computer material   cite [+]

(1) A person shall be guilty of an offence if-

(a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer;

(b) the access he intends to secure is unauthorized; and

(c) he knows at the time when he causes the computer to perform the function that is the case.


(2) The intent a person has to have to commit an offence under this section need not be directed at-

(a) any particular program or data;

(b) a program or data of any particular kind; or

(c) a program or data held in any particular computer.


(3) A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

4 Unauthorized access with intent to commit or facilitate commission of further offence   cite [+]

(1) A person shall be guilty of an offence under this section if he commits an offence referred to in section 3 with intent-

(a) to commit an offence involving fraud or dishonesty or which causes injury as defined in the Penal Code [Act 574]; or

(b) to facilitate the commission of such an offence whether by himself or by any other person.


(2) For the purposes of this section, it is immaterial whether the offence to which this section applies is to be committed at the same time when the unauthorized access is secured or on any future occasion.

(3) A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

5 Unauthorized modification of the contents of any computer   cite [+]

(1) A person shall be guilty of an offence if he does any act which he knows will cause unauthorized modification of the contents of any computer.

(2) For the purposes of this section, it is immaterial that the act in question is not directed at-

(a) any particular program or data;

(a) a program or data of any kind; or

(a) a program or data held in any particular computer.


(3) For the purposes of this section, it is immaterial whether an unauthorized modification is, or is intended to be, permanent or merely temporary.

(4) A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both; or be liable to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding ten years or to both, if the act is done with the intention of causing injury as defined in the Penal Code.

6 Wrongful communication   cite [+]

(1) A person shall be guilty of an offence if he communicates directly or indirectly a number, code, password or other means of access to a computer to any person other than a person to whom he is duly authorized to communicate.

(2) A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding twenty five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

7 Abetments and attempts punishable as offences   cite [+]

(1) A person who abets the commission of or who attempts to commit any offence under this Act shall be guilty of that offence and shall on conviction be liable to the punishment provided for the offence.

(2) A person who does any act preparatory to or in furtherance of the commission of any offence under this Act shall be guilty of that offence and shall on conviction be liable to the punishment provided for the offence:

Provided that any term of imprisonment imposed shall not exceed one-half of the maximum term provided for the offence.

8 Presumption   cite [+]

A person who has in his custody or control any program, data or other information which is held in any computer or retrieved from any computer which he is not authorized to have in his custody or control shall be deemed to have obtained unauthorized access to such program, data or information unless the contrary is proved.


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