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Offences Against Rights of Property (continued) yOU WANT TO KNOW IF THE LAW GRADUATE IS AS SECRET AS A RADIO JAMAICA EMPLOYEE WHO IS REALLY WORKING FOR....WHAT IS THE SECRET YOU IMAGINE ABOUT A LAW GRADUATE THAT YOU DO NOT IMAGINE ABOUT A DENTIST OR A BUS DRIVER? STUPID STARTS WITH AN 'S' AND EVEN I KNOW THAT OR IS IT BECAUSE THE SCHOOL IS IN ENGLAND AND HOW MANY WEST INDIANS ARE IN ENGLAND AND HOW MANY GRADUATED FROM LAW SCHOOL BEFORE THIS BOY AND WHO ARE RELATED TO WINDRUSH ARRIVALS IN THE 1940'S? RETURN IT.

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PART IXOffences Against Rights of Property (continued)

Offences Resembling Theft (continued)

Marginal note:Destroying documents of title
340 Every one who, for a fraudulent purpose, destroys, cancels, conceals or obliterates
  • (a) a document of title to goods or lands,
  • (b) a valuable security or testamentary instrument, or
  • (c) a judicial or official document,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
  • R.S., c. C-34, s. 300.
Marginal note:Fraudulent concealment
341 Every one who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
  • R.S., c. C-34, s. 301.
Marginal note:Theft, forgery, etc., of credit card
  • 342 (1) Every person who
    • (a) steals a credit card,
    • (b) forges or falsifies a credit card,
    • (c) possesses, uses or traffics in a credit card or a forged or falsified credit card, knowing that it was obtained, made or altered
      • (i) by the commission in Canada of an offence, or
      • (ii) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence, or
    • (d) uses a credit card knowing that it has been revoked or cancelled,
    is guilty of
    • (e) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
    • (f) an offence punishable on summary conviction.
  • Marginal note:Jurisdiction
    (2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but where the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be commenced in that place without the consent of the Attorney General of that province.
  • Marginal note:Unauthorized use of credit card data
    (3) Every person who, fraudulently and without colour of right, possesses, uses, traffics in or permits another person to use credit card data, including personal authentication information, whether or not the data is authentic, that would enable a person to use a credit card or to obtain the services that are provided by the issuer of a credit card to credit card holders is guilty of
    • (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
    • (b) an offence punishable on summary conviction.
  • Marginal note:Definitions
    (4) In this section,
    personal authentication information means a personal identification number or any other password or information that a credit card holder creates or adopts to be used to authenticate his or her identity in relation to the credit card; (authentifiant personnel)
    traffic means, in relation to a credit card or credit card data, to sell, export from or import into Canada, distribute or deal with in any other way. (trafic)
  • R.S., 1985, c. C-46, s. 342;
  •  R.S., 1985, c. 27 (1st Supp.), ss. 44, 185(F);
  •  1997, c. 18, s. 16;
  •  2009, c. 28, s. 4.
Previous Version
Marginal note:Instruments for copying credit card data or forging or falsifying credit cards
  • 342.01 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or is guilty of an offence punishable on summary conviction, who, without lawful justification or excuse, makes, repairs, buys, sells, exports from Canada, imports into Canada or possesses any instrument, device, apparatus, material or thing that they know has been used or know is adapted or intended for use
    • (a) in the copying of credit card data for use in the commission of an offence under subsection 342(3); or
    • (b) in the forging or falsifying of credit cards.
  • Marginal note:Forfeiture
    (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.
  • Marginal note:Limitation
    (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).
  • 1997, c. 18, s. 17;
  •  2009, c. 28, s. 5.
Previous Version
Marginal note:Unauthorized use of computer
  • 342.1 (1) Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or is guilty of an offence punishable on summary conviction who, fraudulently and without colour of right,
    • (a) obtains, directly or indirectly, any computer service;
    • (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;
    • (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 under section 430 in relation to computer data or a computer system; or
    • (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).
  • Marginal note:Definitions
    (2) In this section,
    computer data means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer system; (données informatiques)
    computer password means any computer data by which a computer service or computer system is capable of being obtained or used; (mot de passe)
    computer program means computer data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function; (programme d’ordinateur)
    computer service includes data processing and the storage or retrieval of computer data; (service d’ordinateur)
    computer system means a device that, or a group of interconnected or related devices one or more of which,
    • (a) contains computer programs or other computer data, and
    • (b) by means of computer programs,
      • (i) performs logic and control, and
      • (ii) may perform any other function; (ordinateur)
    data[Repealed, 2014, c. 31, s. 16]
    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; (dispositif électromagnétique, acoustique, mécanique ou autre)
    function includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer system; (fonction)
    intercept includes listen to or record a function of a computer system, or acquire the substance, meaning or purport thereof; (intercepter)
    traffic means, in respect of a computer password, to sell, export from or import into Canada, distribute or deal with in any other way. (trafic)
  • R.S., 1985, c. 27 (1st Supp.), s. 45;
  •  1997, c. 18, s. 18;
  •  2014, c. 31, s. 16.
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