(2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.
Marginal note: Punishment
(3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction
(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,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
There are no laws that prohibit the creation or dissemination of computer viruses
However it follows that if as a result of a virus or hacking that computer sabotage occurred as defined destruction of hardware, erasure or alteration of data, logic bombs that someone would be subject to criminal charges of mischief under sections 430(1.1) and 430(5.1) of the Criminal Code.
There is debate over whether or not unauthorized entry into of use of computer should be criminalized activity.
Especially if the intent of the hacker is to acquire information but for no other purpose nefarious purpose.
There is currently no criminal offence in the criminal code that would criminalize hacking into a system for the purpose of browsing.
However that action could potentially lead to criminal offence charges.
They could be charged with:
Fraud section 380, if someone were to falsely represent themselves as having authority to access an account.
Personation section 403 if someone were to falsely assume the identity of a lawful user.
Dishonest Acquisition of Computer Services section 342.1(1) if someone where to acquire computer services fraudulently and without colour of right, directly or indirectly.
If you have been charged with a criminal offence contact Kostman and Pyzer, Barristers today for advice!
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