*COMPUTER CRIMES ACT 1997

This Act shall come into force on such date as the Prime

Minister may, by notification in the Gazette, appoint.

Interpretation

produced by a computer;

displayed on the screen of a computer; or

accurately translated from a statement or representation so produced;

“data” means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer;

“function” includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer;

“premises” includes land, buildings, movable structures and any conveyance by land, water and air;

“program” means data representing instructions or statements that, when executed in a computer, causes the computer to perform a function.

For the purposes of this Act, a person secures access to any

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program or data held in a computer if, by causing a computer to perform any function, he—

For the purposes of paragraph (2) (c), a person uses a program if the function he causes the computer to perform—

For the purposes of paragraph (2) (d), the form in which any program or data is output and 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 is immaterial.

For the purposes of this Act, access of any kind by any person to any program or data held in a computer is unauthorized if—

A reference in this Act to any program or data held in a computer includes a reference to any program or data held in any removable storage medium which is for the time being in the computer.

For the purposes of this Act, a modification of the contents of any computer takes place if, by the operation of any function of the computer concerned or any other computer—

Any modification referred to in subsection (7) is unauthorized if—

A reference in this Act to a program includes a reference to part of a program.

A reference in this Act to a computer includes a reference to a computer network.

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he causes a computer to perform any function with intent to secure access to any program or data held in any computer;

the access he intends to secure is unauthorized; and

he knows at the time when he causes the computer to perform the function that is the case.

The intent a person has to have to commit an offence under this section need not be directed at—

A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Unauthorized access with intent to commit or facilitate commission of further offence

to commit an offence involving fraud or dishonesty or

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which causes injury as defined in the Penal Code

[Act 574]; or

to facilitate the commission of such an offence whether by himself or by any other person.

For the purposes of this section, it is immaterial whether the offence to which this section applies is to be committed at the same time when the unauthorized access is secured or on any future occasion.

A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

Unauthorized modification of the contents of any computer

For the purposes of this section, it is immaterial that the act in question is not directed at—

For the purposes of this section, it is immaterial whether an unauthorized modification is, or is intended to be, permanent or merely temporary.

A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to

Computer Crimes 11

both; or be liable to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding ten years or to both, if the act is done with the intention of causing injury as defined in the Penal Code.

Wrongful communication

A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding twenty five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Abetments and attempts punishable as offences

A person who does any act preparatory to or in furtherance of the commission of any offence under this Act shall be guilty of that offence and shall on conviction be liable to the punishment provided for the offence:

Provided that any term of imprisonment imposed shall not exceed one-half of the maximum term provided for the offence.

Presumption

For the purposes of subsection (1), this Act shall apply if, for the offence in question, the computer, program or data was in

Malaysia or capable of being connected to or sent to or used by or with a computer in Malaysia at the material time.

Any proceeding against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence was committed in Malaysia shall be a bar to further proceedings against him under any written law relating to the extradition of persons, in respect of the same offence outside

Malaysia.

Powers of search, seizure and arrest

have access to any program or data held in any computer, or have access to, inspect or check the operation of, any computer and any associated apparatus or material which he has reasonable cause to suspect is or has been in use in connection with any offence under this Act;

require—

the person by whom or on whose behalf the police officer has reasonable cause to suspect the computer is or has been so used; or

require any information contained in a computer and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible.

Whenever it appears to any police officer of or above the rank of Inspector that there is reasonable cause to believe that in any premises there is concealed or deposited any evidence of the commission of an offence under this Act, and the police officer has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the object of the search is likely to be frustrated, he may exercise in and in respect of the premises all the powers mentioned in subsection (1) in as full and ample a measure as if he were empowered to do so by warrant issued under that subsection.

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Any police officer may arrest without a warrant any person whom he reasonably believes to have committed or to be committing an offence against this Act, and every offence against this Act shall be deemed to be seizable offence for the purposes of the law for the time being in force relating to criminal procedure.

Obstruction of search

assaults, obstructs, hinders or delays any police officer in effecting entrance to any premises under this Act or in the execution of any duty imposed or power conferred by this

Act; or

fails to comply with any lawful demands of a police officer acting in the execution of his duty under this Act.

A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding twenty five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Prosecution