Criminal Code

Marginal note:Possession of device to obtain unauthorized use of computer system or to commit mischief

• 342.2 (1) Everyone who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to commit an offence under section 342.1 or 430, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to commit such an offence, is

  • (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or

  • (b) guilty of an offence punishable on summary conviction.

• Marginal note:Forfeiture

  (2) If a person is convicted of an offence under subsection (1), in addition to any punishment that is imposed, any device in relation to which the offence was committed or the possession of which constituted the offence may be ordered forfeited to Her Majesty and 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).

• Definition of device

  (4) In this section, device includes

  • (a) a component of a device; and

  • (b) a computer program within the meaning of subsection 342.1(2).