Criminal Code

Version of section 342.2 from 2003-01-01 to 2015-03-08:

Marginal note:Possession of device to obtain computer service
  •  (1) Every person who, without lawful justification or excuse, makes, possesses, sells, offers for sale or distributes any instrument or device or any component thereof, the design of which renders it primarily useful for committing an offence under section 342.1, under circumstances that give rise to a reasonable inference that the instrument, device or component has been used or is or was intended to be used to commit an offence contrary to that section,

    • (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 on summary conviction.

  • Marginal note:Forfeiture

    (2) Where a person is convicted of an offence under subsection (1), any instrument or device, 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. 19.
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