COMPUTER MISUSE[CH. 107A – 1

CHAPTER 107ACOMPUTER MISUSELIST OF AUTHORISED PAGES
1 – 15

LRO 1/2006

ARRANGEMENT OF SECTIONSSECTION
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.

Short title.
Interpretation.
Unauthorised access to computer material.
Access with intent to commit or facilitate commission of offence.
Unauthorised modification of computer material.
Unauthorised use or interception of computer service.
Unauthorised obstruction of use of computer.
Unauthorised disclosure of access code.
Enhanced punishment for offences involving protected computers.
Incitement, abetments and attempts punishable as full offences.
Territorial scope of offences under this Act.
Commencement of proceedings.
Order for payment of compensation.
Saving for investigations.
Police powers.
Power of police officer to access computer and data.
Forfeiture.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006
STATUTE LAW OF THE BAHAMAS

COMPUTER MISUSE[CH. 107A – 3

CHAPTER 107ACOMPUTER MISUSE
An Act to make provisions securing computermaterial against unauthorised access or modificationand for connected purposes.
[Assent 11th April, 2003][Commencement 16th June 2003 ]

Act.

1.

PART IPRELIMINARY
This Act may be cited as the Computer Misuse

2. (1) In this Act —“computer” means an electronic, magnetic, optical,
electrochemical, or other data processing
device, or a group of such interconnected or
related devices, performing logical, arithmetic,or storage functions, and includes any data
storage facility or communications facility
directly related to or operating in conjunction
with such device or group of suchinterconnected or related devices, but does notinclude —(a) an automated typewriter or typesetter;(b) a portable hand held calculator;(c) a similar device which is nonprogrammable or which does not containany data storage facility; or(d) such other device as the Minister may, by
notice published in the Gazette, prescribe;“computer output” or “output” means a statement or
representation (whether in written, printed,
pictorial, graphical or other form) purporting to
be a statement or representation of fact —(a) produced by a computer; or(b) accurately translated from a statement or
representation so produced;

2 of 2003

S.I. 42/2003

Short title.

Interpretation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006
STATUTE LAW OF THE BAHAMAS

CH. 107A – 4]

COMPUTER MISUSE“computer service” includes computer time, dataprocessing and the storage or retrieval of data;“damage” means, except for the purposes of section
12, any impairment to a computer or the
integrity or availability of data, a program orsystem, or information, that —(a) causes economic loss aggregating ten
thousand dollars in value, or such otheramount as the Minister may, by notice
published in the Gazette, prescribe exceptthat any such loss incurred or accrued morethan one year after the date of the offencein question shall not be taken into account;(b) modifies or impairs, or potentially modifies
or impairs, the medical examination,
diagnosis, treatment or care of one or more
persons;(c) causes or threatens physical injury or deathto any person;(d) threatens public health or public safety; or(e) threatens physical damage to a computer;“data” means representations of information or ofconcepts in a form suitable for use in acomputer;“electronic, acoustic, mechanical or other device”
means any device or apparatus that is used or iscapable of being used to intercept any functionof a computer;“function” includes logic, control, arithmetic,
deletion,storageandretrievalandcommunication or telecommunication to, fromor within a computer;“intercept”, in relation to a function of a computer,includes listening to or recording a function of acomputer, or acquiring the substance, meaningor purport thereof;“program” or “computer program” means data
representing instructions or statements that,when executed in a computer, causes thecomputer to perform a function; and a referencein this Act to a program includes a reference topart of a program.

STATUTE LAW OF THE BAHAMAS

LRO 1/2006

COMPUTER MISUSE[CH. 107A – 5(2) For the purposes of this Act, a person “securesaccess” to any program or data held in a computer if hecauses a computer to perform any function in relation tosuch program or data, that —(a) alters or erases it;(b) copies or moves it to any storage medium otherthan that in which it is held or to a different
location in the storage medium in which it is
held;(c) uses it; or(d) causes it to be output from the computer inwhich it is held (whether by having it displayed
or in any other manner),and references in this Act to securing access or to an intent
to secure such access shall be construed accordingly.
(3) For the purposes of subsection (2) (c), a person“uses” a program if the function he causes the computer toperform causes the program to be executed or is itself afunction of the program.
(4) For the purposes of subsection (2) (d), the form
in which any program or data is output is immaterial(including in particular whether or not it represents a form
in which, in the case of a program, it is capable of being
executed or, in the case of data, it is capable of being
processed by a computer).
(5) For the purposes of this Act, access of any kindby any person to any program or data held in a computer is“unauthorised” if —(a) he is not himself entitled to control access of thekind in question to the program or data; and(b) he does not have consent to such access fromany person who is so entitled.
(6) A reference in this Act to “any program or data
held in a computer” includes a reference to such programor data held in any removable storage medium which is forthe time being in the computer; and a computer is to be
regarded as containing any program or data held in any
such medium.
(7) For the purposes of this Act, a “modification of
the contents of any computer” takes place if, by theoperation of any function of the computer concerned or any
other computer —––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006
STATUTE LAW OF THE BAHAMAS

CH. 107A – 6]

COMPUTER MISUSE(a) any program or data held in the computerconcerned is altered or erased;(b) any program or data is added to its contents; or(c) any act occurs which impairs the normal
operation of any computer,and any act which contributes towards causing such a
modification shall be regarded as causing it.
(8) Any modification referred to in subsection (7) is
unauthorised if —(a) the person whose act causes it is not himself
entitled to determine whether the modification
should be made; and(b) he does not have consent to the modificationfrom any person who is so entitled.

Unauthorised
access tocomputermaterial.

PART II
OFFENCES
3. (1) Subject to subsection (2), any person who,
without authority, knowingly causes a computer to perform
any function for the purpose of securing access to any
program or data held in any computer shall be guilty of an
offence and shall be liable on summary conviction to a finenot exceeding five thousand dollars or to imprisonment fora term not exceeding six months or to both such fine andimprisonment and, in the case of a second or subsequentconviction, to a fine not exceeding ten thousand dollars or
to imprisonment for a term not exceeding one year or toboth such fine and imprisonment.
(2) If any damage is caused as a result of an offence
under this section, a person convicted of the offence shallbe liable to a fine not exceeding twenty thousand dollars or
to imprisonment for a term not exceeding three years or toboth such fine and imprisonment.
(3) For the purposes of this section, it is immaterial
that the act in question is not directed at —(a) any particular program or data;(b) a program or data of any kind; or(c) a program or data held in any particular
computer.

STATUTE LAW OF THE BAHAMAS

LRO 1/2006

COMPUTER MISUSE[CH. 107A – 7

4. (1) Any person who causes a computer toperform any function for the purpose of securing access toany program or data held in any computer with intent tocommit an offence (whether by himself or by any otherperson) to which this section applies shall be guilty of an
offence.
(2) This section shall apply to an offence involving
property, fraud, dishonesty or which causes bodily harm
and which is punishable on conviction with imprisonment
for a term of not less than two years.
(3) Any person guilty of an offence under thissection shall be liable on summary conviction to a fine notexceeding ten thousand dollars or to imprisonment for aterm not exceeding three years or to both such fine andimprisonment.
(4) A person may be guilty of an offence under thissection even though the facts are such that the commissionof the further offence is impossible.
(5) For the purposes of this section, it is immaterial
whether —(a) the access referred to in subsection (1) is
authorised or unauthorised;(b) the offence to which this section applies iscommitted at the same time when the access issecured or at any other time.
5. (1) Subject to subsection (2), any person who
does any act which he knows will cause an unauthorised
modification of the contents of any computer shall be
guilty of an offence and shall be liable on summaryconviction to a fine not exceeding ten thousand dollars or
to imprisonment for a term not exceeding one year or toboth such fine and imprisonment and, in the case of asecond or subsequent conviction, to a fine not exceeding
twenty thousand dollars or to imprisonment for a term notexceeding three years or to both such fine andimprisonment.
(2) If any damage is caused as a result of an offence
under this section, a person convicted of the offence shallbe liable to a fine not exceeding twenty thousand dollars or
to imprisonment for a term not exceeding three years or toboth such fine and imprisonment.
(3) For the purposes of this section, it is immaterial
that the act in question is not directed at —Access withintent to commit
or facilitatecommission of
offence.

Unauthorised
modification ofcomputermaterial.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006
STATUTE LAW OF THE BAHAMAS

CH. 107A – 8]

Unauthorised use
or interception ofcomputer service.

Unauthorised
obstruction ofuse of computer.

COMPUTER MISUSE(a) any particular program or data;(b) a program or data of any kind; or(c) a program or data held in any particular
computer.
(4) For the purposes of this section, it is immaterial
whether an unauthorised modification is, or is intended tobe, permanent or merely temporary.
6. (1) Subject to subsection (2), any person who
knowingly —(a) secures access without authority to any
computer for the purpose of obtaining, directly
or indirectly, any computer service;(b) intercepts or causes to be intercepted withoutauthority, directly or indirectly, any function of
a computer by means of an electro-magnetic,
acoustic, mechanical or other device; or(c) uses or causes to be used, directly or indirectly,
the computer or any other device for the purposeof committing an offence under paragraph (a) or(b),shall be guilty of an offence and shall be liable onsummary conviction to a fine not exceeding ten thousand
dollars or to imprisonment for a term not exceeding three
years or to both such fine and imprisonment and, in thecase of a second or subsequent conviction, to a fine notexceeding twenty thousand dollars or to imprisonment fora term not exceeding three years or to both such fine andimprisonment.
(2) If any damage is caused as a result of an offence
under this section, a person convicted of the offence shallbe liable to a fine not exceeding fifty thousand dollars or to
imprisonment for a term not exceeding five years or toboth such fine and imprisonment.
(3) For the purposes of this section, it is immaterial
that the unauthorised access or interception is not directedat —(a) any particular program or data;(b) a program or data of any kind; or(c) a program or data held in any particular
computer.
7. (1) Any person who, knowingly and withoutauthority or lawful excuse —STATUTE LAW OF THE BAHAMAS

LRO 1/2006

COMPUTER MISUSE(a) interferes with, or interrupts or obstructs thelawful use of, a computer; or(b) impedes or prevents access to, or impairs theusefulness or effectiveness of, any program ordata stored in a computer,shall be guilty of an offence and shall be liable onsummary conviction to a fine not exceeding ten thousand
dollars or to imprisonment for a term not exceeding three
years or to both such fine and imprisonment and, in thecase of a second or subsequent conviction, to a fine notexceeding twenty thousand dollars or to imprisonment fora term not exceeding five years or to both such fine andimprisonment.
(2) If any damage is caused as a result of an offence
under this section, a person convicted of the offence shallbe liable to a fine not exceeding fifty thousand dollars or to
imprisonment for a term not exceeding five years or toboth such fine and imprisonment.
8. (1) Any person who knowingly and withoutauthority discloses any password, access code or any othermeans of gaining access to any program or data held in any
computer shall be guilty of an offence if he did so —(a) for any wrongful gain;(b) for any unlawful purpose; or(c) knowing that it is likely to cause wrongful loss
to any person.
(2) Any person guilty of an offence undersubsection (1) shall be liable on summary conviction to afine not exceeding ten thousand dollars or to imprisonment
for a term not exceeding three years or to both such fineand imprisonment and, in the case of a second or
subsequent conviction, to a fine not exceeding twenty
thousand dollars or to imprisonment for a term notexceeding five years or to both such fine andimprisonment.
9. (1) Where access to any protected computer isobtained in the course of the commission of an offence
under section 3, 5, 6 or 7, the person shall be tried on
information and shall be liable on conviction to a fine notexceeding one hundred thousand dollars or to
imprisonment for a term not exceeding twenty years or toboth such fine and imprisonment.

[CH. 107A – 9

Unauthorised
disclosure ofaccess code.

Enhancedpunishment foroffences
involvingprotected
computers.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006
STATUTE LAW OF THE BAHAMAS

CH. 107A – 10]

Incitement,
abetments andattempts
punishable as fulloffences.

Territorial scopeof offences under
this Act.
Ch. 84.

COMPUTER MISUSE(2) For the purposes of subsection (1), a computer
shall be treated as a “protected computer” if the person
committing the offence knew, or ought reasonably to have
known, that the computer or program or data is useddirectly in connection with or necessary for —(a) the security, defence or international relations of
The Bahamas;(b) the existence or identity of a confidential sourceof information relating to the enforcement of acriminal law;(c) the provision of services directly related tocommunications infrastructure, banking andfinancial services, public utilities, public
transportation or public key infrastructure; or(d) the protection of public safety including systems
related to essential emergency services such aspolice, civil defence and medical services.
(3) For the purposes of any prosecution under thissection, it shall be presumed, until the contrary is proved,that the accused has the requisite knowledge referred to in
subsection (2) if there is, in respect of the computer,program or data, an electronic or other warning exhibitedto the accused stating that unauthorised access to thatcomputer, program or data attracts an enhanced penalty
under this section.
10. (1) Any person who incites, solicits or abets thecommission of or who attempts to commit or does any act
preparatory to or in furtherance of the commission of any
offence under this Act shall be guilty of that offence andshall be liable on summary conviction to the punishment
provided for the full offence.
(2) For an offence to be committed under thissection, it is immaterial where the full offence in question
took place.
PART IIIMISCELLANEOUS AND GENERAL
11. (1) This section has effect to supplement theprovisions of the Penal Code in relation to the jurisdictionof the courts of The Bahamas to try offences which do nottake place wholly in The Bahamas.
(2) Subject to subsection (3) the provisions of the
Act shall have effect, in relation to any person, whatever

STATUTE LAW OF THE BAHAMAS

LRO 1/2006

COMPUTER MISUSE[CH. 107A – 11

his nationality or citizenship, outside as well as within The
Bahamas.
(3) Where an offence under this Act is committed
by any person in any place outside The Bahamas, he may
be dealt with as if the offence had been committed within
The Bahamas.
(4) For the purposes of this section, this Act shallapply if, for the offence in question —(a) the accused was in The Bahamas at the material
time; or(b) the computer, program or data was in The
Bahamas at the material time.
12. (1) Notwithstanding any Act to the contrary
prescribing the time limit within which summary
proceedings may be commenced and subject to subsection(2), proceedings for an offence under this Act may bebrought within a period of twelve months from the date on
which evidence sufficient in the opinion of the AttorneyGeneral to warrant a prosecution came to his knowledge.
(2) No such proceedings shall be brought by virtueof this section more than three years after the commissionof the offence.
(3) For the purposes of this section, a certificate
signed by or on behalf of the Attorney-General and stating
the date on which evidence sufficient in his opinion to
warrant the commencement of proceedings came to his
knowledge shall be conclusive evidence of that fact.
13. (1) The court before which a person is convictedof any offence under this Act may make an order against
him for the payment by him of a sum to be fixed by the
court by way of compensation to any person for any
damage caused to his computer, program or data by theoffence for which the sentence is passed.
(2) Any claim by a person for damages sustained byreason of the offence shall be deemed to have beensatisfied to the extent of any amount which has been paid
to him under an order for compensation, but the order shallnot prejudice any right to a civil remedy for the recovery ofdamages beyond the amount of compensation paid under
the order.
(3) An order of compensation under this section
shall be recoverable as a civil debt.

Commencementof proceedings.

Order forpayment ofcompensation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006
STATUTE LAW OF THE BAHAMAS

CH. 107A – 12]

Saving forinvestigations.

Police powers.

Ch. 91.

COMPUTER MISUSE

14. Nothing in this Act shall prohibit a police
officer, a person authorised in writing by theCommissioner of Police under section 16(1) or any other
duly authorised law enforcement officer from lawfully
conducting investigations pursuant to his powers conferredunder any written law.
15. (1) A police officer may arrest without warrant
any person who has committed or is committing, or whom
the police officer with reasonable cause suspects to havecommitted, or to be committing, an offence under this Act.
(2) Any power of seizure conferred on a police
officer who has entered premises by virtue of a warrant
issued under section 70 of the Criminal Procedure Code in
relation to an offence under this Act, or any related
inchoate offence, shall be construed as including a power
to require any information relating to the warrant which isheld in a computer and accessible from the premises to be
produced in a form in which it can be taken away and inwhich it is legible (whether or not with the use of acomputer).
(3) Where the items seized by a police officer under
section 70 of the Criminal Procedure Code include
computers, disks or other computer equipment, themagistrate before whom those items are brought inaccordance with section 72 of the Criminal Procedure
Code may, on the application of the person to whom those
items belong or from under whose control they were taken,
and subject to subsection (4), make an order —(a) permitting a police officer to make copies ofsuch programs or data held in the computer,disks or other equipment as may be required forthe investigation or prosecution of the offence;(b) requiring copies of those copies to be given to
any person charged in relation to the offence(“the accused person”); and(c) requiring the items to be returned within aperiod of seventy-two hours,
and when seizing any such items the police officer shallinform the person to whom those items belong or fromunder whose control they are taken of his right to make anapplication under this subsection.
(4) Subsection (3) (b) shall not apply —STATUTE LAW OF THE BAHAMAS

LRO 1/2006

COMPUTER MISUSE[CH. 107A – 13(a) in relation to copies of any items returned to theaccused person; or(b) where the court is satisfied that —(i) the provision of copies would substantially
prejudice the investigation or prosecution;or(ii) owing to the confidential nature of theinformation obtained from the computers,
disks or other equipment, the harm which
may be caused to the business or otherinterests of the applicant or any third party
by giving copies of that information to theaccused person outweighs any prejudicewhich may be caused by not so doing.
(5) Any copies made pursuant to subsection (2) or(3) shall, for the purposes of admissibility in any
proceedings, be treated as if they were themselves theitems seized.
16. (1) A police officer or a person authorised inwriting by the Commissioner of Police, pursuant to a
warrant under section 70 of the Criminal Procedure Code,shall —(a) be entitled at any time to —(i) have access to and inspect and check theoperation of any computer to which thissection applies;(ii) use or cause to be used any such computer
to search any data contained in oravailable to such computer; or(iii) have access to any information, code or
technology which has the capability ofretransforming or unscrambling encrypted
data contained or available to suchcomputerintoreadableandcomprehensible format or text for the
purpose of investigating any offence under
this Act or any other offence which has
been disclosed in the course of the lawful
exercise of the powers under this section;(b) be entitled to require —(i) the person by whom or on whose behalf,
the police officer or investigation officer
has reasonable cause to suspect, any

Power of police
officer to accesscomputer anddata.
Ch. 91.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006
STATUTE LAW OF THE BAHAMAS

CH. 107A – 14]

COMPUTER MISUSE

computer to which this section applies isor has been used; or(ii) any person having charge of, or otherwise
concerned with the operation of, suchcomputer, to provide him with suchreasonable technical and other assistanceas he may require for the purposes ofparagraph (a); or(c) be entitled to require any person in possession ofdecryption information to grant him access tosuch decryption information necessary to
decrypt data required for the purpose ofinvestigating any such offence.
(2) This section shall apply to a computer which a
police officer or a person authorised in writing by theCommissioner of Police has reasonable cause to suspect isor has been in use in connection with any offence under
this Act or any other offence which has been disclosed in
the course of the lawful exercise of the powers under thissection.
(3) The powers referred to in paragraphs (a) (ii) and(iii) and (c) of subsection (1) shall not be exercised except
with the consent of the Attorney-General.
(4) Any person who obstructs the lawful exercise of
the powers under subsection (1) (a) or who fails to comply
with a request under subsection (1) (b) or (c) shall be guiltyof an offence and shall be liable on summary conviction toa fine not exceeding ten thousand dollars or to
imprisonment for a term not exceeding three years or toboth such fine and imprisonment.
(5) For the purposes of this section —“decryption information” means information or
technology that enables a person to readily
retransform or unscramble encrypted data fromits unreadable and incomprehensible format toits plain text version;“encrypted data” means data which has beentransformed or scrambled from its plain text
version to an unreadable or incomprehensible
format, regardless of the technique utilised forsuch transformation or scrambling andirrespective of the medium in which such data

STATUTE LAW OF THE BAHAMAS

LRO 1/2006

COMPUTER MISUSE[CH. 107A – 15

occurs or can be found for the purposes ofprotecting the content of such data;“plain text version” means original data before it has
been transformed or scrambled to an unreadable
or incomprehensible format.
17. (1) Where a person is convicted of an offence
under this Act, or any related inchoate offence, and thecourt is satisfied that any property which was in his
possession or under his control at the time he wasapprehended for the offence or when a summons in respectof it was issued —(a) has been used for the purpose of committing, or
facilitating the commission of, the offence inquestion or any other such offence; or(b) was intended by him to be used for that purpose,the court may order that property to be forfeited to the
Crown, and may do so whether or not it deals with theoffender in respect of the offence in any other way.
(2) In considering whether to make an order inrespect of any property the court shall have regard —(a) to the value of the property; and(b) to the likely financial and other effects on theoffender of the making of the order (taken
together with any other order the court
contemplates making).

Forfeiture.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006
STATUTE LAW OF THE BAHAMAS