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Shofar FTP Archive File: documents/Canadian/criminal-code.430


http://insight.mcmaster.ca/org/efc/pages/law/cc/cc.430.html

MISCHIEF

... / Mischief in relation to data / Punishment / Idem / Idem / Idem /
Offence / Saving / Idem / Definition of "data".

430. (1) Every one commits mischief who willfully

     (a) destroys or damages property;
     (b) renders property dangerous, useless, inoperative or ineffective;
     (c) obstructs, interrupts or interferes with the lawful use, enjoyment
     or operation of property; or
     (d) obstructs, interrupts or interferes with any person in the lawful
     use, enjoyment or operation of property.

(1.1) Every one commits mischief who wilfully

     (a) destroys or alters data;
     (b) renders data meaningless, useless or ineffective;
     (c) obstructs, interrupts or interferes with the lawful use of data; or
     (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.

(2) Every one who commits mischief that causes actual danger to life is
guilty of an indictable offence and liable to imprisonment for life.

(3) Every one who commits mischief in relation to property that is a
testamentary instrument or the value of which exceeds one 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 by summary conviction.

(4) Every one who commits mischief in relation to property, other than
property described in subsection (3),

     (a) is guilty of an indictable offence and liable to imprisonment for a
     term not exceeding two years; or
     (b) is guilty of an offence punishable by summary conviction.

(5) Every one who commits mischief in relation to data,

     (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 by 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 by summary conviction.

(6) No person commits mischief within the meaning of this section by reason
only that

     (a) he stops work as a result of the failure of his employer and
     himself to agree on any matter relating to his employment;
     (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
     (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.

(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.

(8) In this section, "data" has the same meaning as in section 342.1 .
[R.S., c.C-34, s.387; 1972, c.13, s.30; R.S.C. 1985, c.27 (1st Supp.),
s.57.]


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