Page 1

BELIZE:

CYBERCRIME ACT, 2020

ARRANGEMENT OF SECTIONS

PART I

Preliminary

1. Short title.

2. Interpretation.

PART II

Cybercrime Offences

3. Illegal access to a computer system.

4. Illegal access to computer data.

5. Illegal data interference.

6. Illegal system interference.

7. Illegal devices and codes.

8. Computer-related forgery.

9. Identity-related fraud.

10. Identity-related theft.

11. Child luring.

12. Publication or transmission of image of private area.

Cybercrime

13. No liability for service provider.

14. Service provider to store traffic data and subscriber information.

15. Using a computer system to coerce, harass, intimidate, humiliate, etc.

a person.

16. Infringement of copyright, patents and designs and trademarks.

17. Attempt, aiding or abetting.

18. Offences prejudicing investigation.

PART III

Enforcement

19. Ex-parte application for Storage Direction.

20. Scope and form of Storage Direction.

21. Ex-parte application for Search and Seizure Warrant.

22. Application for a Storage Direction or Search and Seizure Warrant.

23. Extension of time for prosecution of an offence.

24. Record of seized material.

25. Assistance.

26. Ex-parte application for Production Order.

27. Expedited Preservation Order.

28. Removal or Disablement of Data Order.

29. Ex-parte application for Remote Forensic Tools Order.

Cybercrime

30. Offence to disclose confidential information.

31. No liability for person aiding in enforcement of Act.

32. Application for Compensation Order.

33. Ex-parte application for Forfeiture Order and issue of Restraint

Order.

34. Failure to comply with a Court order.

35. Evidence.

36. Determining the severity of charges.

PART IV

International Cooperation

37. Mutual Legal Assistance.

38. Spontaneous information.

39. Extradition.

40. Transborder access to computer data with consent or when unsecured

and publicly available.

PART V

Miscellaneous

41. Use of computer system to commit offence under any other law.

42. Corporate liability.

43 Jurisdiction.

44. Regulations.

Cybercrime

No. 32]

Cybercrime

309

AN ACT to combat cybercrime by creating offences of

cybercrime; to provide for penalties, investigation

and prosecution of the offences of cybercrime; and

to provide for matters connected therewith or

incidental thereto.

(Gazetted 7th October, 2020)

BE IT ENACTED, by and with the advice and consent

of the House of Representatives and the Senate of

Belize and by the authority of the same, as follows:

Part I

Preliminary

1. This Act may be cited as the

CYBERCRIME ACT, 2020.

Short title.

No. 32 of 2020

I assent,

(SIR COLVILLE N. YOUNG)

Governor-General

5th October, 2020.

2.–(1) In this Act–

“Central Authority” means the Central Authority designated

under the Mutual Legal Assistance Act;

“child” means a person under the age of eighteen years;

“child pornography” has the meaning assigned to it under

the Commercial Sexual Exploitation of Children Act;

“Court” means the Supreme Court acting in its criminal

jurisdiction;

“communication” means–

(a) anything encrypted or unencrypted comprising

of speech, music, sounds, visual images or data

of any description; and

(b) encrypted or unencrypted signals serving for

the impartation of anything–

(i) between persons, a person and a thing or

between things; or

(ii) for the actuation or control of any

apparatus;

“communication data” means any-

(a) encrypted or unencrypted data comprised in or

attached to a communication whether by the

sender or otherwise, for the purpose of a

communication network by means of which

the communication is transmitted;

(b) encrypted or unencrypted information, that

does not include the contents of a

310

Cybercrime

[No. 32

Interpretation.

Act No. 8 of

2014.

Act No. 3 of

2013.

communication, other than data that falls within

paragraph (a), that is made by a person–

(i) of any communication network; or

(ii) any part of a communication network in

connection with the provision to or use by

any person of any communication service;

(c) encrypted or unencrypted information that does

not fall within paragraph (a) or (b) that is held

or obtained by a person providing a

communication service in relation to a person

to whom the service is provided;

“communication network” means any wire, radio, optical or

other electromagnetic system used to route switch or transmit

communication;

“communication service” means a service that consists in the

provision of access to and of facilities for making use of, any

communication network, whether or not it is one provided

by the person providing the service;

“computer data” means any representation of–

(a) facts;

(b) concepts;

(c) machine-readable code or instructions; or

(d) information, including text, audio, image or

video,

that is in a form suitable for processing in a computer system

and is capable of being sent, received or stored;

No. 32]

Cybercrime

311

“computer programme” means computer data which

represents instructions or statements that, when executed in

a computer system, can cause the computer system to perform

a function;

“computer system” means a device or group of interconnected

or related devices, which follows a computer programme or

external instruction to perform automatic processing of

computer data, including a desktop computer, a laptop

computer, a netbook computer, a tablet computer, a video

game console, a smart phone, a personal digital assistant, or

a smart television;

“damage” means any impairment to the integrity or

availability of data, a program, a computer system,

communication network or information;

“function” in relation to a computer system includes logic,

control, arithmetic, deletion, storage or retrieval, and

communication or telecommunication to, from or within a

computer system;

“Minister” means the Minister with responsibility for national

security;

“person” includes a natural or legal person, an educational

or financial institution or any legal or other entity;

“security measure” means password, access code, encryption

code or biometric information in the form of computer data

and includes any means of limiting access to authorised

persons or to secure recognition prior to granting access to

communication data, a communication network, a computer

system or computer data;

“service provider” means–

312

Cybercrime

[No. 32

(a) any public or private entity that provides to

users of its service the ability to communicate

by means of a computer system; or

(b) any public or private entity that processes or

stores computer data on behalf of a

communication service or users of the service;

“subscriber information” means any information contained

in the form of computer data or any other form that is held by

a service provider, relating to subscribers of its services and

by which can be established–

(a) the type of communication service used, the

technical provisions taken and the period of

service;

(b) the subscriber’s identity, postal or geographic

address, telephone and other access number,

billing and payment information available on

the basis of the service agreement or

arrangement; or

(c) any other information on the site of the

installation of communication equipment

available on the basis of the service agreement

or arrangement;

“Storage Direction” means any Order of a court compelling

a service provider to store and make available to a stipulated

party a person’s stored traffic data and subscriber information;

and

“traffic data” means any communication data–

(a) identifying, or purporting to identify, any

person, apparatus or location to or from which

the communication that is, may be or may have

No. 32]

Cybercrime

313

been transmitted, and “data” in relation to a

postal article, means anything written on the

outside of the postal article;

(b) identifying or selecting, or purporting to identify

or select, apparatus through or by means of

which the communication is or may be

transmitted;

(c) comprising signals for the actuation of–

(i) apparatus used for the purpose of a

communication network for effecting, in

whole or in part, the transmission of any

communication; or

(ii) any communication network in which

that apparatus is comprised;

(d) identifying the data or other data as data

comprised in or attached to a particular

communication; or

(e) identifying a computer file or a computer

programme, access to which is obtained or

which is run by means of the communication,

to the extent only that the file or the programme is identified

by reference to the apparatus in which it is stored, and a

reference to traffic data being attached to a communication

includes a reference to the data and the communication

being logically associated with each other.

Part II

Cybercrime Offences

3.–(1) A person commits an offence who, intentionally

accesses a computer system or any part of a computer system

of another person –

314

Cybercrime

[No. 32

Illegal access

to a computer

system.

(a) without authorisation or in excess of

authorisation; or

(b) by infringing any security measure of the

computer system.

(2) A person commits an offence who intentionally

and without lawful excuse or justification continues to

exceed the authorised access to the computer system of

another person.

(3) A person who commits an offence under this

section is liable on–

(a) summary conviction to a fine of three thousand

dollars and to a term of imprisonment for three

years;

(b) conviction on indictment to a fine of five

thousand dollars and to a term of imprisonment

for five years.

4.–(1) A person commits an offence who, without

authorisation accesses the computer system of another person

with the intention to duplicate or modify the data–

(a) without authorisation or in excess of

authorisation; or

(b) by infringing a security measure.

(2) A person who commits an offence under sub-

section (1), is liable on–

(a) conviction to a fine of five thousand dollars and

to a term of imprisonment for three years; or

(b) conviction on indictment to a fine of ten

thousand dollars and to a term of imprisonment

for five years.

No. 32]

Cybercrime

315

Illegal access

to computer

data.

5.–(1) A person commits an offence who, intentionally and

without lawful excuse or justification–

(a) damages the computer data of another person;

(b) obstructs, interrupts or interferes with another

person’s lawful use of computer data; or

(c) denies access to computer data to another person

who is authorised to access the computer data.

(2) A person who commits an offence under sub-

section (1), is liable on–

(a) summary conviction to a fine of eight thousand

dollars and to a term of imprisonment for three

years; or

(b) conviction on indictment to a fine of twelve

thousand dollars and to a term of imprisonment

for five years.

6.–(1) A person commits an offence who, intentionally and

without lawful excuse or justification, seriously hinders or

interferes with the functioning of the computer system of

another person by inputting, transmitting, damaging,

modifying or suppressing computer data.

(2) A person who commits an offence under sub-

section (1), is liable- on–

(a) summary conviction to a fine of ten thousand

dollars and to a term of imprisonment for three

years; or

(b) conviction on indictment to a fine of fifteen

thousand dollars and to a term of imprisonment

for five years.

316

Cybercrime

[No. 32

Illegal data

interference.

Illegal system

interference.

(3) For the purposes of this section “seriously hinders”

includes–

(a) disconnecting the electricity supply to the

computer system;

(b) causing electromagnetic interference to the

computer system; or

(c) corrupting the computer system.

7.–(1) A person commits an offence who, for the purpose of

committing an offence under this Act or any other law,

intentionally and without lawful excuse or justification,

possesses, procures for use, produces, sells, imports or

exports, distributes, discloses or otherwise makes available–

(a) a device or a computer programme, that is

designed or adapted; or

(b) a security measure by which the whole or any

part of a computer system or computer data is

capable of being accessed.

(2) A person who commits an offence under sub-

section (1), is liable on–

(a) summary conviction to a fine of three thousand

dollars and to a term of imprisonment for three

years; or

(b) conviction on indictment to a fine of eight

thousand dollars and to a term of imprisonment

for five years.

8. A person commits an offence who, intentionally inputs,

modifies or suppresses computer data, regardless of whether

or not the data is directly readable and intelligible, and the

No. 32]

Cybercrime

317

Illegal devices

and codes.

Computer

related

forgery.

318

Cybercrime

[No. 32

input, modification or suppression causes the data to become

inauthentic–

(a) is liable on summary conviction to a fine of

three thousand dollars and to a term of

imprisonment for three years; or

(b) on conviction on indictment to a fine of five

thousand dollars and to a term of imprisonment

for five years.

9.–(1) A person commits an offence who, with the intent to

defraud or deceive another person for the purpose of

procuring an economic benefit for the person or another–

(a) inputs, alters, deletes or suppresses computer

data; or

(b) interferes with the functioning of a computer

system.

(2) A person who commits an offence under sub-

section (1), is liable on–

(a) summary conviction to a fine of five thousand

dollars and to a term of imprisonment for five

years; or

(b) conviction on indictment to a fine of ten

thousand dollars and to a term of imprisonment

for ten years.

10.–(1) A person commits an offence who, with the intent to

assume the identity of another person, uses a computer

system or computer data to–

(a) obtain, transfer, possess or use a means of

identification of another person; or

Identity

related fraud.

Identity

related theft.

No. 32]

Cybercrime

319

(b) make use of the security measures of another

person.

(2) A person who commits an offence under sub-

section (1), is liable on–

(a) summary conviction to a fine of five thousand

dollars and to a term of imprisonment for five

years; or

(b) conviction on indictment to a fine of ten

thousand dollars and to a term of imprisonment

for ten years.

11.–(1) A person commits an offence who, uses a computer

system to communicate with a child with the intent to –

(a) induce the child to engage in a sexual

conversation or sexual activity with the child;

or

(b) encourage the child to produce child

pornography; or

(c) arrange a meeting with a child for the purpose

of abusing or engaging in sexual activity with

the child, or producing child pornography,

whether or not the person takes any steps to

effect the meeting.

(2) A person who commits an offence under sub-

section (1), is liable on–

(a) summary conviction to a fine of ten thousand

dollars and to a term of imprisonment for five

years; or

Child luring.

320

Cybercrime

[No. 32

(b) conviction on indictment to a fine of fifteen

thousand dollars and to a term of imprisonment

for ten years.

12.–(1) A person commits an offence who, without the

explicit consent of another person, intentionally captures,

stores in, publishes or transmits through a computer system,

an image of a private area of the other person and is liable–

(a) on summary conviction to a fine of five thousand

dollars and to a term of imprisonment for five

years; or

(b) on conviction on indictment to a fine of ten

thousand dollars and to a term of imprisonment

for ten years.

(2) For the purposes of this section, “private area”

means genitalia, buttocks or breasts.

(3) Notwithstanding the penalty under sub-section

(1), a Court may, by Order prohibit the offender from using

the internet or any computer system and impose any conditions

on the offender as determined by the Court.

(4) An Order under sub-section (3) shall be for any

period the Court considers appropriate, including any period

of imprisonment imposed on the offender.

(5) A prosecutor or an offender may apply to the

Court for a variation of any condition under the Order.

(6) Where the Court determines that there is a change

in the circumstances of the case, the Court may vary the

conditions of the Order.

13.–(1) A service provider or a user of the service provider’s

service, shall not be deemed a publisher or speaker of any

Publication or

transmission

of image of

private area.

No liability

for service

provider.

information that is provided by another service provider or

user.

(2) A service provider or user shall not be liable for–

(a) any action taken to enable or make available to

a subscriber or user, the technical means to

restrict access to any material described under

paragraph (b); or

(b) any action voluntarily taken in good faith to

restrict access to or availability of material

which the service provider or user considers to

be obscene, lewd, lascivious, filthy, excessively

violent, harassing or otherwise objectionable,

whether or not the material is constitutionally

protected.

14.–(1) A service provider shall store and keep the traffic

data of subscribers from the date on which the data is

generated by a computer system until ninety days after the

termination of a service agreement with a customer.

(2) A service provider who fails to comply with the

requirements under sub-section (1), commits an offence and

is liable on summary conviction to a fine of twenty thousand

dollars and to a term of imprisonment for three year.

15. –(1) A person commits an offence who, with intent to

compel another person to do or refrain from doing any act,

uses a computer system to publish or transmit computer data

that–

(a) intimidates the other person;

(b) threatens the other person with violence or damage

to property; or

Service

provider to

store traffic

data and

subscriber

information.

Using a

computer

system to

coerce,

harass,

intimidate,

etc. a person.

No. 32]

Cybercrime

321

(c) threatens a member of the other person’s family

with violence.

(2) For the purposes of this section “intimidate”

means –

(a) to cause in the mind of a reasonable person an

apprehension of injury to the person, to a

member of the person’s family or a to dependant

of the person, or of violence or damage to the

person’s property; or

(b) to cause a person substantial emotional distress.

(3) A person commits an offence who, uses a

computer system to–

(a) publish or transmit computer data that is obscene,

vulgar, profane, lewd, lascivious or indecent,

with intent to–

(i) humiliate, harass or cause substantial

emotional distress to another person; or

(ii) cause the other person to be subject to

public ridicule, contempt, hatred or

embarrassment; or

(b) repeatedly send to another person, computer

data that is obscene, vulgar, profane, lewd,

lascivious or indecent with intent to humiliate

or harass the other person, and the humiliation

or harassment is detrimental to the health,

emotional well-being, self-esteem or reputation

of the other person.

(4) A person commits an offence who, uses a

computer system to disseminate any information, statement

322

Cybercrime

[No. 32

or image, knowing the information, statement or image to

be false, with the intent to cause–

(a) harm to the reputation of the other person; or

(b) the other person to be subject to public ridicule,

contempt, hatred or embarrassment.

(5) A person commits an offence who, uses a

computer system to threaten to publish computer data

containing personal or private information of another person,

with the intent to–

(a) extort a benefit from the other person; or

(b) cause the other person public ridicule, contempt,

hatred or embarrassment.

(6) A person who commits an offence under this

section is liable on–

(a) summary conviction to a fine of ten thousand

dollars and to a term of imprisonment for five

years; or

(b) conviction on indictment to a fine of fifteen

thousand dollars and to a term of imprisonment

for ten years.

16.–(1) A person commits an offence who, uses a computer

system to infringe on the rights of–

(a) a copyright owner;

(b) a proprietor of a patent;

(c) a proprietor of a registered design; or

(d) a proprietor of a registered trademark.

No. 32]

Cybercrime

323

Infringement

of copyright,

patents and

designs and

trademarks.

(2) A person who commits an offence under sub-

section (1), is liable on summary conviction to a fine of three

thousand dollars and to a term of imprisonment for three

years.

17.–(1) A person commits an offence who, intentionally–

(a) advises, incites, attempts, aids, abets, counsels,

procures or facilitates the commission of any

offence under this Act; or

(b) conspires with another person to commit an

offence under this Act.

(2) A person who commits an offence under sub-

section (1), is liable for the offence as if the person is the

principal offender.

18.–(1) A person commits an offence who, knows or has

reasonable grounds to believe that an investigation in relation

to an offence under this Act is being or is about to be

conducted, and who intentionally–

(a) makes a disclosure that is likely to prejudice the

investigation; or

(b) falsifies, conceals, destroys or otherwise disposes

of, or causes or permits the falsification,

concealment, destruction or disposal of,

documents or computer data that are relevant to

the investigation.

(2) A person who commits an offence under sub-

section (1), is liable on–

(a) summary conviction to a fine of five thousand

dollars and to a term of imprisonment for three

years; or

Offences

prejudicing

investigation.

324

Cybercrime

[No. 32

Attempt,

aiding or

abetting.

(b) conviction on indictment to a fine of eight

thousand dollars and to a term of imprisonment

for five years.

(3) Notwithstanding sub-section (1), it is a defence under

sub-section (1)(a) if–

(a) the accused does not know or have reasonable

grounds to believe that the disclosure is likely

to prejudice the investigation;

(b) the disclosure is made in the exercise of a

function under this Act or in compliance with

a requirement imposed under or by virtue of

this Act;

(c) the accused is an attorney-at-law and the

disclosure is–

(i) to a client in connection with the giving

of legal advice to the client; or

(ii) to any person in connection with legal

proceedings or contemplated legal

proceedings.

(4) Notwithstanding sub-section (1), it is a defence

under sub-section (1)(b) if the accused –

(a) does not know or suspect that the documents or

computer data are relevant to the investigation;

or

(b) does not intend to falsify, conceal, destroy or

otherwise dispose of any facts disclosed by the

documents or computer data, from any official

carrying out the investigation.

No. 32]

Cybercrime

325

(5) Notwithstanding sub-section (2)(c)(ii),a person

commits an offence if the disclosure is made in furtherance

of a criminal purpose.

PART III

Enforcement

19.–(1) The Director of Public Prosecutions or Head of

Prosecution Branch may in the prescribed form, make an ex-

parte application for a Storage Direction.

(2) An application under sub-section (1), shall–

(a) be accompanied by an affidavit in support and

attested to by the investigating police officer

declaring the following–

(i) the name of the investigating police officer;

(ii) the facts or allegations giving rise to the

application, including the alleged offence;

(iii) sufficient information for the Court to

make a determination on whether to grant

or refuse the application;

(iv) the ground on which the application is

made;

(v) full particulars of all facts and

circumstances alleged, including–

(aa) where practical, a description of the

nature and location of the facilities

or computer from, or the premises

at, which the traffic data and

subscriber information are to be

intercepted; and

Ex-parte

application

for Storage

Direction.

326

Cybercrime

[No. 32

(bb) the basis for believing that evidence

relating to the ground on which the

application is made will be obtained

during the life/period of the Storage

Direction;

(vi) where applicable–

(aa) whether other investigative

procedures were applied and

whether they failed to produce the

required evidence;

(bb) the reason why any other

investigative procedures may be

unlikely to succeed if applied, or are

likely to be too dangerous to apply

in order to obtain the required

evidence;

(vii) the requested duration of the Storage

Direction;

(viii) whether any previous application was

made for a Storage Direction in respect of

the person, facility or premises, and the

status of that other application;

(ix) where applicable, a description of the

computer system to be targeted; and

(x) any other relevant directives issued by a

Court in relation to the matter.

(3) Where a serious offence is being, has been or

is likely to be committed for the benefit of, or at the direction

of, or in association with, a person, a group of persons or

syndicate involved in organised crime or groups classified

No. 32]

Cybercrime

327

as criminal gangs, an application for a Storage Direction,

shall not require the grounds under section 22(1)(a).

(4) Where a Storage Direction is based on the ground

of national security, the application shall be accompanied

by written authorisation by Minister.

(5) Records relating to an application for a Storage

Direction, renewal or modification of a Storage Direction,

shall immediately upon the determination of the matter, be–

(a) sealed by the Court; and

(b) kept in the custody of the Court, in a place that

is not accessible to the public, or in any other

place as the Court determines fit.

(6) The records under sub-section (5) may be unsealed

upon an order by the Court for the following purpose only–

(a) on an application for a further Storage Direction,

in relation to the same matter; or

(b) for a renewal of a Storage Direction.

20.–(1) A Storage Direction shall direct the named service

provider to–

(a)

keep stored, at any place in Belize accurate

records of–

(i) the traffic data and subscriber information

of any person, facility or premises;

(ii) any computer system; or

(iii) any communication in the course of its

transmission;

328

Cybercrime

[No. 32

Scope and

form of

Storage

Direction.

(b) store the traffic data for the period of time as

stated in the Storage Direction; and

(c) submit the stored traffic data and subscriber

information to a named police officer.

(2) A Storage Direction shall specify–

(a) the manner in which the data is to be stored and

submitted to the police officer; and

(b) any other conditions or restrictions that relate to

the traffic data.

(3) A Storage Direction may contain any ancillary

provisions as may be necessary to secure its implementation

in accordance with the provisions of this Act.

21. – (1) The Director of Public Prosecutions or Head

Prosecution Branch may in the prescribed form, make an ex-

parte application for Search and Seizure Warrant.

(2) An application under sub-section (1), shall–

(a) be accompanied by an affidavit in support

and attested to by the investigating police

officer declaring the following–

(i) the name of the investigating police

officer;

(ii) that there is reasonable grounds for

suspecting that–

(aa) an offence under this Act or

any other law has been or is

about to be committed, in a

specified place; and

No. 32]

Cybercrime

329

Ex-parte

application

for Search

and Seizure

Warrant.

(bb) evidence that the offence has

been or is about to be

committed, is in the specified

place;

(iii) the facts or allegations giving rise to

the application, including the alleged

offence;

(iv) sufficient information for the Court

to make a determination on whether

to grant or refuse the application;

(v) the ground on which the application

is made;

(vi) full particulars of all facts and

circumstances alleged, including–

(aa) where practical, a description

of the nature and location of

the facilities or computer from,

or the premises at, which the

traffic data and subscriber

information are to be

intercepted; and

(bb) the basis for believing that

evidence relating to the ground

on which the application is

made will be obtained during

the duration of the Search and

Seizure Warrant;

(vii) where applicable–

(aa) whether other investigative

procedures were applied and

330

Cybercrime

[No. 32

whether they failed to produce

the required evidence; or

(bb) the reason why any other

investigative procedures may be

unlikely to succeed if applied,

or are likely to be too dangerous

to apply in order to obtain the

required evidence;

(viii) The requested duration of the Search

and Seizure Warrant;

(ix) whether any previous application

was made for a Search and Seizure

Warrant in respect of the person,

facility or premises, and the status

of that other application;

(x) where applicable, a description of

the computer system to be targeted;

and

(xi) any other relevant directives issued

by a Court in relation to the matter.

(3) A Search and Seizure Warrant shall specify the

place, or evidence to which it relates and authorise a police

officer, with any assistance as the police officer deems

necessary, to–

(a) enter and search any place; or

(b) to access, seize and secure any evidence,

including any computer system or computer

data.

No. 32]

Cybercrime

331

(4) A police officer who executes a Search and

Seizure Warrant under this section shall, secure the computer

system or data and maintain the integrity of the data seized.

(5) In addition to any powers of a Search and Seizure

Warrant under this section, a police officer when executing

a Search and Seizure Warrant, has the following additional

powers including–

(a) to activate an onsite computer system;

(b) inspect and check the operation of a computer

system or computer data;

(c) to make and retain a copy of computer data;

(d) to remove computer data from a computer

system or render the computer system

inaccessible;

(e) to take a printout of computer data; or

(f) to impound or similarly secure a computer

system or any part of the system.

(6) Any evidence seized under a Search and Seizure

Warrant, including any computer system or data shall be

valid for a period of ninety days and may, on an application

to a Judge in Chambers, be extended for a further period

of not more than one year.

(7) Upon the expiration of the period stated under

sub-section (6), or when the evidence seized is no longer

required, the evidence shall immediately be returned to the

person to whom the Search and Seizure Warrant was

addressed.

(8) Where a serious offence is being, has been or is likely

to be committed for the benefit of, or at the direction of,

332

Cybercrime

[No. 32

or in association with, a person, a group of persons or

syndicate involved in organised crime or groups classified

as criminal gangs, an application for a search and seizure

warrant, shall not require the grounds under section 22(1)(a).

(9) Where a Search and Seizure Warrant is based on

the ground of national security, the application shall be

accompanied by written authorisation by Minister.

22.–(1) A Court shall issue a Storage Direction or a Search

and Seizure Warrant, where it is satisfied that the facts

deponed there is reasonable grounds to believe that–

(a) obtaining the information sought is necessary

in the interest of–

(i) national security;

(ii) public order;

(iii) public safety;

(iv) public health;

(v) preventing, detecting, investigating or

prosecuting an offence under this Act or

any other law; or

(vi) giving effect to the provisions of any

mutual legal assistance request or in

circumstances appearing to the Court to

be equivalent to those in which he would

issue a Storage Direction under sub-

paragraph (v); and

(b) other procedures–

No. 32]

Cybercrime

333

Application

for a Storage

Direction or

Search and

Seizure

Warrant.

(i) have not been or are unlikely to be

successful in obtaining the information

sought;

(ii) are too dangerous to adopt in the

circumstances; or

(iii) are impractical having regard to the

urgency of the case; or

(c) it would be in the best interest of the

administration of justice to issue the Storage

Direction.

(2) In considering an application under sub-section

(1), the Court may require the applicant to furnish the Court

with any further information as it deems necessary.

23. Notwithstanding the provisions of any written law

prescribing the time within which proceedings for an offence

punishable on summary conviction may be commenced,

summary proceedings for an offence under this Act, or for

attempting to commit, conspiring with another person to

commit, or soliciting, inciting, aiding, abetting or counselling

or causing or procuring the commission of, such an offence,

or for attempting to solicit, incite, aid, abet, counsel or cause

or procure the commission of such an offence, may be

commenced within twelve months of the commission of the

offence,

provided that where the offence is punishable on

summary conviction and on conviction on indictment,

nothing in this section shall be deemed to restrict the power

to commence, after the expiry of the aforesaid period of

twelve months, proceedings for conviction on indictment for

that offence or for any other act, relating to the offence,

referred to in this section.

334

Cybercrime

[No. 32

Extension of

time for

prosecution of

an offence.

24.–(1) A police officer who seizes or renders a computer

system inaccessible under section 21, shall, at the time of the

execution of the Search and Seizure Warrant, or as soon as

practicable thereafter–

(a) make a list of the seized or rendered computer

system, with the date and time of seizure or

rendering; and

(b) submit a copy of the list to–

(i) the person to whom the warrant is

addressed; or

(ii) the occupier of the premises at which the

warrant is executed.

(2) A person, who immediately before the execution

of a warrant, had possession or control of a computer system

or a computer data storage medium seized, may request a

copy of computer data from the police officer who executed

the Search and Seizure Warrant, and the police officer shall,

as soon as is reasonably practicable, comply with the request.

(3) Notwithstanding sub-section (2), a police officer

who seizes a computer system or computer data storage

medium may refuse to provide a copy of computer data if

the police officer has reasonable grounds for believing that

providing the copy would–

(a) constitute or facilitate the commission of a

criminal offence; or

(b) prejudice–

(i) the investigation in relation to the Search

and Seizure Warrant;

(ii) another ongoing investigation; or

No. 32]

Cybercrime

335

Record of

seized

material.

(iii) any criminal proceedings that may be

brought in relation to any investigation

mentioned in sub-paragraph (i) or (ii).

25.–(1) A person with knowledge about the functioning of

a computer system or computer data storage medium, or

security measures applied to protect computer data, that is

the subject of a Search and Seizure Warrant shall, if requested,

assist the police officer who is executing the search, by–

(a) providing any information, about the computer

system, computer data or storage medium

sought, that may facilitate the execution of the

Search and Seizure Warrant;

(b) accessing and using the computer system or

computer data storage medium to search

computer data which is stored in, or lawfully

accessible from or available to, that computer

system or computer data storage medium;

(c) obtaining and copying computer data; or

(d) obtaining an intelligible output from a computer

system or computer data storage medium in

such a format that is admissible for the purpose

of legal proceedings.

(2) A person who fails, without lawful excuse or

justification, to comply with the requirements under sub-

section (1), commits an offence and is liable on summary

conviction to a fine of three thousand dollars and to a term

of imprisonment for one year.

26.–(1) The Director of Public Prosecutions or Head

Prosecution Branch may, in the prescribed form, make an

ex-parte application to the Court for a Production Order.

336

Cybercrime

[No. 32

Assistance.

Ex-parte

application

for

Production

Order.

(2) An application under sub-section (1), shall be

accompanied by an affidavit in support and attested to by

the investigating police officer declaring the following–

(a) the name of the investigating police officer;

(b) the facts or allegations giving rise to the

application, including the alleged offence;

(c) full particulars of all facts and circumstances

alleged by the applicant, including–

(i) where practical, a description of the nature

and location of the facilities or computer

from, or the premises at, which the

application relates; and

(ii) the basis for believing that evidence

relating to the ground on which the

application is made will be obtained if the

Production Order is granted;

(d) where applicable–

(i) whether other investigative procedures

were applied and whether they failed to

produce the required evidence; or

(ii) the reason why any other investigative

procedures may be unlikely to succeed if

applied, or are likely to be too dangerous

to apply in order to obtain the required

evidence;

(iii) the requested duration of the Order;

(iv) whether any previous application was

made for a Production Order in respect of

No. 32]

Cybercrime

337

the same person, facility or premises, and

the status of that other application; and

(v) any other relevant directives issued by a

Court in relation to the matter.

(3) A Court shall issue a Production Order, where

it is satisfied that computer data or traffic data, a printout

or other information is reasonably required for the purpose

of a criminal investigation or criminal proceedings under

this Act or any other law.

(4) A Production Order may direct–

(a) a person in Belize who is in possession or

control of a computer system or computer data

storage medium, to produce, from the computer

system or computer data storage medium,

specified computer data or a printout or other

intelligible output of the computer data; or

(b) a service provider in Belize to produce traffic

data relating to information transmitted from a

subscriber through a computer system or from

other relevant persons, or subscriber information

about a person who uses the service, and give

it to a specified person within a specified period.

27.–(1) A Judge, if satisfied on an ex-parte application by

the Director of Public Prosecution, or a police officer of the

rank of Superintendent or above that there are reasonable

grounds to believe that computer data or traffic data that is

reasonably required for the purpose of a criminal investigation,

under this Act or any other law, is vulnerable to loss or

modification, may make an order requiring a person in

possession or control of computer data or traffic data to

preserve and maintain the integrity of the computer data or

traffic data for a period not exceeding ninety days.

338

Cybercrime

[No. 32

Expedited

Preservation

Order.

(2) A Judge, on an ex-parte application by the

Director of Public Prosecution or a police officer of the rank

of Superintendent or above, may order an extension of the

period referred to in subsection (1) by a further specified

period of ninety days or more but not exceeding one year

on a special case by case basis.

28.–(1) The Director of Public Prosecutions or police officer,

the rank of superintendent or above may, in the prescribed

form, make an ex-parte application to the Court for a

Removal or Disablement Order.

(2) Where on an application under sub-section (1),

the Court is satisfied that a service provider or other entity

within a domain name server is deleting, modifying,

suppressing, storing, transmitting or providing access to

computer data in contravention of this Act or any other law,

the Court may order the service provider or entity to remove

or disable access to the computer data.

29.–(1) The Director of Public Prosecutions may, in the

prescribed form, make an ex-parte application to the Court

for a Use of Remote Forensic Tools Order.

(2) An application under sub-section (1), shall be

accompanied by an affidavit in support and attested to by

the investigating police officer declaring the following–

(a) the basis for the application, including that it is

the interest of–

(i) national security;

(ii) public safety;

(iii) public health;

(iv) public order;

No. 32]

Cybercrime

339

Removal or

Disablement

of Data

Order.

Ex-parte

application

for Remote

Forensic Tools

Order.

(v) child luring or pornography;

(vi) human trafficking;

(vii) slavery; or

(viii) giving effect to the requirements of a

mutual legal assistance request where the

alleged offence is an offence under the

laws of Belize.

(b) the name, and where possible, the address, of

the person who is suspected of committing the

alleged offence;

(c) a description of the targeted computer system;

(d) a description of the required tool, the extent and

duration of its utilisation; and

(e) the reason for the use of the tool.

(3) A Court shall issue a Use of Remote Forensic

Tools Order, where it is satisfied that computer data that

is reasonably required for the purpose of a criminal

investigation or criminal proceedings under this Act or any

other law cannot be collected without the use of the Use

of Remote Forensic Tools Order.

(4) On an application under subsection (1), the Court

may order that a person or a service provider support the

installation of the remote forensic tool.

(5) A Use of Remote Forensic Tools Order shall be

in relation to the following only–

(a) modifications to a computer system shall be

limited to those that are necessary for the

investigation; and

340

Cybercrime

[No. 32

(b) modification to a computer system shall be

done, so far as possible, after the investigation.

(6) A police officer who executes a Use of Remote

Forensic Tools Order as soon as possible after execution,

prepare a record of–

(a) the remote forensic tool used;

(b) the time and date the remote forensic tool was

used;

(c) the identification of the computer system and

details of the modification undertaken; and

(d) the information obtained.

(7) A police officer who executes a Use of Remote

Forensic Tools Order shall ensure that any information

obtained by the utilisation of the remote forensic tool is

protected against modification, unauthorised deletion and

unauthorised access.

(8) A Use of Remote Forensic Tools Order shall

cease to apply where–

(a) the computer data sought is collected;

(b) there is no longer any reasonable ground for

believing that the computer data sought exists;

or

(c) the conditions of the authorisation are no longer

present.

(9) For the purposes of this section, “remote forensic

tool” means an investigative software or hardware installed

on or attached to a computer system that is used to perform

a task.

No. 32]

Cybercrime

341

30.–(1) A person who is the subject of an Order under this

Act shall not disclose to any other person–

(a) the fact that an Order was made;

(b) the details of the Order;

(c) anything done pursuant to the Order; or

(d) any compute or traffic data, subscriber

information or other information collected or

recorded pursuant to the Order under this Act.

(2) Sub-section (1) shall not apply to any actions

between a service provider and any other person permitted

under any law, or performed for the benefit of investigating

or prosecuting an alleged offender.

(3)A person who without lawful excuse or

justification, fails to comply with the requirements under

sub-section (1), commits an offence and is liable on summary

conviction to a fine of five thousand dollars and to a term

of imprisonment for three years.

31. A person or service provider shall not be liable for any

actions taken or the disclosure of any computer data or other

information that may be disclosed pursuant to the enforcement

of this Act.

32.–(1) A person who believes that they have suffered loss

or damage due to the commission of an offence under this

Act, may make an application for a Compensation Order.

(2) The Court may make an order under sub-section

(1) of its own motion.

(3) A Court shall, where it is satisfied on an application

under sub-section (1), that the applicant has suffered pain and

342

Cybercrime

[No. 32

Offence to

disclose

confidential

information.

No liability

for person

aiding in

enforcement

of Act.

Application

for

Compensation

Order.

suffering, loss, harm or injury, that is caused by the commission

of an offence under this Act, grant the Compensation Order.

(4) A Compensation Order under sub-section (1)

shall be without prejudice to any other remedy which the

applicant has under any other law.

(5) An application under sub-section (1) shall be

made prior to sentencing of the person against whom the

Compensation Order is sought and be in accordance with

rules of Court.

33.–(1) Subject to sub-section (2), where a person is

convicted of an offence under this Act, the court that heard

the criminal case may, upon the application of the Director

of Public Prosecutions, order that any property–

(a) used for or in connection with; or

(b) obtained as a result of or in connection with, the

commission of the offence

be forfeited to the State.

(2) Before making a Forfeiture Order, the Court

shall give an opportunity to be heard to any person who–

(a) claims to be the owner of the property that is the

subject of the Order; or

(b) appears to the Court to have an interest in the

property that is the subject of the Order.

(3) Where the Court is satisfied that the requirements

under sub-section (2) have been met, the Court shall grant

the Forfeiture Order and issue–

(a) a warrant authorising a police officer to search

the building, place or vessel for the property

No. 32]

Cybercrime

343

Ex-parte

application

for Forfeiture

Order and

issue of

Restraint

Order.

that is the subject of the Forfeiture Order and to

seize–

(i) the property if found; and

(ii) any other property in respect of which the

police officer has reasonable grounds to

believe that the Forfeiture Order under

ought to have been made; or

(b) a Restraint Order prohibiting any person from

disposing of, or otherwise dealing with any

interest in, the property, other than as specified

in the Restraint Order.

(4) A person against whose property an Order under

this section is made, may appeal the Order.

(5) Property forfeited to the State under sub-section

(1) shall vest in the State–

(a) if no appeal is made against the Forfeiture

Order, within the period for an appeal; or

(b) if an appeal is made, on the final determination

of the matter, where the decision is made in

favour of the State.

34. A person who fails to comply with any Order of the

Court, under this Act, commits an offence and is liable–

(a) to a fine of one thousand dollars and to a term

of imprisonment for one year; and

(b) where applicable, to a further daily fine for each

day the offence continues, of not more than fifty

thousand dollars until the relevant corrective action

has been taken.

344

Cybercrime

[No. 32

Failure to

comply with a

Court Order.

35. In any criminal proceedings under this Act or any other

law–

(a) any computer data or traffic data, generated,

retrieved or reproduced from a computer system,

and whether in electronic or printed form; or

(b) any computer acquired in respect of any offence,

shall be admissible as evidence.

36. It shall be within the discretion of the Director of Public

Prosecutions to determine whether an offence is tried

summarily or on indictment.

PART IV

International Cooperation

37.For the purposes of international cooperation, the Mutual

Legal Assistance Act shall apply.

38.–(1) The Central Authority may, concerning the possible

commission of any offence under this Act, and without prior

request, forward to foreign government or international

agency information obtained within the framework of an

investigation when it considers that the disclosure of the

information might assist the foreign government or

international agency in initiating or carrying out investigations

or proceedings concerning criminal offences under its own

law or applicable laws or might lead to a request for mutual

legal assistance under this Act.

(2) The Central Authority may request that the

information provided under sub-section (1) be kept

confidential or only used subject to conditions.

(3) Where the information provided cannot kept

confidential, the Central Authority may determine if the

spontaneous information should be shared.

No. 32]

Cybercrime

345

Evidence.

Determining

the severity of

charges.

Mutual Legal

Assistance Act

No. 8 of 2014.

Spontaneous

information.

39. The offences described in this Act shall be deemed to be

extraditable offences and the Extradition Act shall apply.

40. It shall not be an offence under this Act for any foreign

government or any person to, without the authorisation of

the Government of Belize or any person–

(a) access open source stored computer data,

regardless of where the data is located, if the

computer data is not subjected to security

measures; or

(b) access or receive stored computer data located

in Belize, if the foreign government or person

obtains the consent of the person who has the

authority to disclose the data through that

computer system.

PART V

Miscellaneous

41. Where an offence, under any other law, is committed

through the use of a computer system, the offender is liable

on conviction to a fine of four times the penalty stated in the

other law.

42.–(1) Where a body corporate commits an offence under

this Act, the body corporate is liable to the fine applicable in

respect of the offence.

(2) Where a body corporate commits an offence

under this Act and the Court is satisfied that a director,

manager, secretary, or other similar officer, of that body

corporate–

(a) consented or connived in the commission of the

offence; or

346

Cybercrime

[No. 32

Extradition.

CAP. 112.

Transborder

access to

computer data

with consent

or when

unsecured and

publicly

available.

Use of

computer

system to

commit

offence under

other law.

Corporate

liability.

(b) failed to exercise due diligence to prevent the

commission of the offence,

that director, manager, secretary, or other similar officer

commits an offence.

(3) A person who commits an offence under sub-

section (2) is liable on–

(a) summary conviction to a fine of ten thousand

dollars and to imprisonment for three years;

and

(b) on conviction on indictment to a fine of twenty

thousand dollars and to imprisonment for five

years.

43.A Court in Belize shall have jurisdiction in respect of an

offence under this Act where the act constituting the offence

is carried out–

(a) wholly or in substantial part within its territory;

(b) against the status of persons, or interests in

things, present within its territory;

(c) outside its territory but has or is intended to

have substantial effect within its territory;

(d) against the activities, interests, status, or

relations of its nationals outside as well as

within its territory; and

(e) outside its territory by persons not its nationals

that is directed against the security of the state

or against a limited class of other state interests.

.

No. 32]

Cybercrime

347

Jurisdiction.

44. The Minister may make regulations prescribing all

matters that are required to be prescribed under this Act and

for such other matters as may be necessary for giving full

effect to this Act and for its proper administration.

348

Cybercrime

[No. 32

Regulations.

Printed in Belize by the Government Printer