VIRGIN ISLANDS

CRIMINAL CODE

Revised Edition
showing the law as at 30 June 2013

This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act 2014.

This edition contains a consolidation of the following laws—

Page
CRIMINAL CODE 3
Act 1 of 1997 .. in force 1 September 1997
Amended by Acts: 7 of 2002 .. in force 16 September 2002
15 of 2005 .. in force 6 May 2005
8 of 2006 .. in force 7 June 2006
3 of 2007 .. in force 17 January 2007
 VIRGIN ISLANDS

CRIMINAL CODE

Revised Edition
showing the law as at 30 June 2013

This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act 2014.

This edition contains a consolidation of the following laws—

Page
CRIMINAL CODE 3
Act 1 of 1997 .. in force 1 September 1997
Amended by Acts: 7 of 2002 .. in force 16 September 2002
15 of 2005 .. in force 6 May 2005
8 of 2006 .. in force 7 June 2006
3 of 2007 .. in force 17 January 2007
 Published in 2014
On the authority and on behalf of the Government of The Virgin Islands
by
The Regional Law Revision Centre Inc.

For information contact—

Attorney General’s Chambers

4th Floor, TTT Building
Wickham’s Cay I
P.O. Box 242
Road Town
Tortola, VG1110
British Virgin Islands

Tel: (284) 468 – 2960

Fax: (284) 468 – 2983
Email: agc@gov.vg

Printed on the authority and on behalf of the Government of The Virgin Islands
by
The Regional Law Revision Centre Inc.
P.O. Box 1626, Hannah-Waver House, Caribbean Commercial Centre,
The Valley, AI-2640, Anguilla
Authorised Printers for this Revised Edition
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CRIMINAL CODE

ARRANGEMENT OF SECTIONS
PRELIMINARY
SECTION
1. Short title
2. Saving of other laws
3. Interpretation
4. Offences committed partly within and partly beyond the jurisdiction

PART I
GENERAL RULES AS TO CRIMINAL LIABILITY
5. Ignorance of the law
6. Bona fide claim of right
7. Intention and motive
8. Mistake of fact
9. Presumption of sanity
10. Insanity
11. Intoxication
12. Immature age
13. Surgical operations
14. Duress
15. Compulsion by husband
16. Defence of person or property
17. Use of force in effecting arrest
18. Person not to be punished twice for same offence
19. Principal offenders
20. Offences committed by joint offenders in prosecution of common purpose
21. Counselling another to commit an offence

PART II
PUNISHMENTS
22. Kinds of punishments
23. Imprisonment
24. Fines
25. Imprisonment in lieu of fine
26. Forfeiture of proceeds of offence
27. Compensation
28. Costs
29. Suspended sentence of imprisonment
30. Security for keeping the peace
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31. Security for coming up for judgment

32. General punishment for offences
33. Sentence cumulative unless otherwise ordered
34. Escaped convicts to serve unexpired sentences when recaptured
35. Discharge of offender without punishment

PART III
OFFENCES AGAINST GOVERNMENT AND PUBLIC ORDER
36. Treason
37. Concealment of treason
38. Treason felony
39. Limitation on prosecution for treason, etc.
40. Definition of overt act
41. Incitement to mutiny
42. Aiding, etc. acts of mutiny
43. Inducing police officer, etc., to desert
44. Piracy jure gentium
45. Piracy in other cases
46. Definition
47. Seditious intention
48. Seditious offences
49. Power to prohibit importation of publications
50. Offences in relation to publications the importation of which is prohibited
or restricted
51. Delivery of prohibited publication to police officer
52. Power to examine suspected package, etc.
53. Legal proceedings
54. Evidence
55. Unlawful oaths to commit serious offences
56. Other unlawful oaths to commit offences
57. How far compulsion is a defence
58. Unlawful drilling
59. Publication of false news likely to cause fear and alarm the public
60. Defamation of foreign personages
61. Foreign enlistment
62. Unlawful assembly
63. Riot
64. Proclamation for dispersal of rioters and rioting thereafter
65. Obstructing making of proclamation
66. Rioters destroying or damaging certain property
67. Rioters interfering with aircraft, vehicle or vessel
68. Definition of prohibited and offensive weapons
69. Restriction on importation, etc. of prohibited weapons
70. Restriction on carrying offensive weapons, etc.
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71. Power of search, arrest and forfeiture

72. Forcible entry
73. Forcible detainer
74. Criminal trespass
75. Challenging or offering to fight
76. Affray
77. Threatening violence
78. Assembling for the purpose of smuggling

PART IV
OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY
79. Interpretation and application of this Part
80. Bribery by public official
81. Bribery of public official
82. Taking gratification to screen offender from punishment
83. Public official using his office for gratification
84. Bribery of or by public official to influence the decision of a public body
85. Bribery of or by foreign public official
86. Influencing public official
87. Trading in influence
88. Public official taking gratification
89. Bribery for procuring contracts
90. Conflict of interests
91. Treating of public official
92. Receiving gift for a corrupt purpose
93. Frauds and breaches of trust by public officials
94. Illicit enrichment
95. Corruption of agent
96. Public officials charged with special duties
97. False claims by public officials
98. Abuse of office
99. False certificates by public officials
100. Unauthorised administration of oaths
101. False assumption of authority
102. Personating public officials
103. Threat of injury to public officials

PART V
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE
104. Deceiving witness
105. Destroying evidence
106. False swearing
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107. Perverting the course of justice

108. Unlawful disclosure of identity of informer
109. Offences relating to judicial proceedings
110. Perjury
111. Subordination of perjury
112. Fabrication of evidence
113. Contradictory statements by witnesses
114. Evidence in trial for perjury
115. Form of oath, etc., not material
116. Compounding of offences
117. Advertisements for stolen property
118. Rescue
119. Escape
120. Permitting prisoner to escape
121. Aiding prisoner to escape and harbouring a prisoner
122. Removal, etc. of property under lawful seizure
123. Obstructing court officers
124. False information to person employed in public service

PART VI
OFFENCES RELATING TO RELIGION
125. Insulting any religion
126. Disturbing religious assembly
127. Writing or uttering words, etc., with intent to wound religious feeling
128. Hindering burial, etc.
129. Trespassing on burial place

PART VII
SEXUAL OFFENCES
130. Definitions
131. Rape
132. Sexual intercourse with girl of or under age of 13
133. Unlawful sexual intercourse with girl under age of 16
134. Unlawful sexual intercourse with defective
135. Sexual assault by husband in certain circumstances
136. Incest by a man
137. Incest by a woman
138. Indecent assault
139. Indecency with a child
140. Permitting girl under 16 to use premises for sexual intercourse
141. Causing or encouraging prostitution, etc. of girl under sixteen
142. Causing prostitution of woman
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143. Procurement of woman by threats

144. Procurement of woman by false pretences
145. Administering drugs to facilitate intercourse
146. Detention of woman in brothel, etc.
147. Man living on earnings of prostitution
148. Woman exercising control over prostitute
149. Living on earnings of male prostitution
150. Keeping brothels
151. Letting premises for use as brothel

PART VIII
ABORTION
152. Use of poison, etc. or instruments to cause miscarriage
153. Supplying poison, etc. with intent to procure a miscarriage
154. Child destruction

PART IX
OFFENCES RELATING TO MARRIAGE
155. Bigamy
156. Fraudulent pretence of marriage
157. Fraudulently taking part in sham marriage ceremony
158. Personation in marriage ceremony

PART X
GENOCIDE
159. Interpretation of this Part
160. Punishment for genocide

PART XI
HOMICIDE AND OTHER OFFENCES AGAINST THE PERSON
161. Definition of murder
162. Persons suffering from diminished responsibility
163. Penalty for murder
164. Provocation
165. Attempted murder
166. Manslaughter
167. Infanticide
168. Threats to murder
169. Conspiracy to murder
170. Abetment of suicide
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171. Suicide pacts

172. Causing death defined
173. Persons capable of being killed
174. Concealing the birth of a child
175. Wounding or causing grievous bodily harm with intent
176. Wounding or inflicting grievous bodily harm
177. Wounding
178. Attempting to choke, etc. in order to commit an offence
179. Using anaesthetic, etc., to commit an offence
180. Administering poison so as to endanger life or inflict grievous harm
181. Administering poison with intent to injure, etc.
182. Impeding escape from shipwreck
183. Causing bodily harm by corrosive or explosive substance
184. Using explosive or corrosive substance with intent to do grievous harm
185. Placing explosive near building, etc. with intent to cause bodily harm
186. Causing explosion likely to endanger life or property
187. Setting traps, etc. with intent to inflict grievous bodily harm
188. Unlawful use of firearms
189. Excess use of force
190. Reckless and negligent acts
191. Other negligent acts or omissions causing harm
192. Dealing with poisonous substances in a negligent manner
193. Acts tending to the destruction of aircraft and ships
194. Conveying person for hire in unsafe conveyance
195. Common assault
196. Assault causing actual bodily harm
197. Assault on person protecting wreck
198. Assaults specially punishable
199. Assault on female or child
200. Assault on police officers, etc.

PART XII
NEGLECT ENDANGERING LIFE OR HEALTH
201. Neglecting apprentice or servant
202. Failure to supply necessaries
203. Abandoning or exposing child under two years
204. Cruelty to children
205. Other negligent acts or omissions causing harm
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PART XIII
ABDUCTION, KIDNAPPING AND SIMILAR CRIMES
206. Definitions of “abduction” and “kidnapping”
207. Punishment for kidnapping
208. Abduction with intent to convey out of the Territory, etc.
209. Abduction or kidnapping female with intent to marry, etc.
210. Unlawfully taking girl under age of sixteen away from parent
211. Child stealing
212. Wrongful confinement
213. Unlawful compulsory labour
214. Human trafficking
215. Smuggling of migrants

PART XIV
OFFENCES RELATING TO PROPERTY
216. Construction of this Part
217. Definition of “theft”
218. What act is not dishonest
219. “Appropriates” defined
220. “Property” defined
221. Property belonging to another
222. Intention of permanently depriving the owner
223. Punishment for theft
224. Robbery
225. Burglary
226. Aggravated burglary
227. Removing articles from place open to the public
228. Abstraction of electricity
229. Fraudulent use of telephone, fax or telex system
230. Taking conveyance without authority
231. Obtaining property by deception
232. Evasion of liability by deception
233. Obtaining pecuniary advantage or services by deception
234. Drawing dishonoured cheque
235. Making off without payment
236. False accounting
237. Officers of company liable for certain offences committed by company
238. False statement by company directors, etc.
239. Destruction, etc. of valuable security, or procuring execution of same by
deception
240. Blackmail
241. Handling stolen goods
242. Provisions relating to stolen goods
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243. Procedure and evidence in trial for handling stolen goods

244. Evidence by statutory declaration in certain cases
245. Going equipped to steal, etc.
246. Forfeiture of article used in committing offence
247. Restitution

PART XV
FORGERY, COINING AND COUNTERFEITING
248. Definition of forgery
249. Intent to defraud
250. Forgery of certain documents with intent to defraud
251. Forgery of certain documents with intent to defraud or deceive
252. Forging or uttering forged court documents
253. Forging or uttering forged documents relating to registration of births,
marriages and death
254. Forgery of, and other offences relating to, passports
255. Forgery of other documents with intent to defraud or deceive
256. Forgery of seals and dies
257. Uttering forged document, etc.
258. Uttering cancelled or spent document
259. Mode of trial re. uttering
260. Demanding property on forged document
261. Possession of forged notes, documents, seals or dies
262. Making or having possession of implements or materials for forgery
263. Unauthorised possession of paper, etc. used for manufacture of currency
notes
264. Interpretation of terms relating to coining offences
265. Counterfeiting coin
266. Impairing, etc., current coin
267. Uttering and possession of coin with intent to utter
268. Dealing in counterfeit coin
269. Importing and exporting counterfeit coin
270. Making, possessing and selling articles resembling gold or silver coin
271. Making, possessing, etc., implements for coining
272. Defacing and uttering defaced coins
273. Melting down currency
274. Mutilating or defacing currency notes
275. Imitation of currency
276. Forfeiture of articles used in relation to offences under this Part

PART XVI
PERSONATION
277. Personation in general
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278. Lending, or personating person named in, certificate, etc.

279. Personation in respect of a testimonial
280. Falsely acknowledging recognisances, etc.

PART XVII
CRIMINAL DAMAGE AND SIMILAR OFFENCES
281. Destroying or damaging property
282. Threats to destroy or damage property
283. Possessing anything with intent to destroy or damage property
284. Without lawful excuse
285. “Property”
286. Award of compensation in case of a conviction of an offender under
section 265
287. Powers of search
288. Casting away ships, etc.

PART XVIII
COMPUTER AND COMPUTER-RELATED OFFENCES
289. Definitions
290. Application of Part
291. Illegal access
292. Interfering with data
293. Interfering with computer system
294. Illegal interception of data, etc.
295. Dissemination of unlawfully acquired computer data
296. Illegal devices
297. Search and seizure warrants
298. Assisting police
299. Recording or and access to seized data
300. Production of data
301. Disclosure of stored traffic data
302. Preservation of data
303. Interception of traffic data
304. Evidence
305. Confidentiality and limitation of liability

PART XIX
CRIMINAL LIBEL
306. Libel
307. Definition of defamatory matter
308. Definition of publication
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309. Definition of unlawful publication

310. Absolute privilege
311. Conditional privilege
312. Explanation as to good faith
313. Presumption as to good faith

PART XX
NUISANCES AND OTHER OFFENCES AGAINST
THE PUBLIC IN GENERAL

314. Common nuisance

315. Watching and besetting
316. Chain letters
317. Obscene publications
318. Child pornography
319. Idle and disorderly persons
320. Rogues and vagabonds
321. Disorderly conduct
322. Drunkenness
323. Abusive and false statements
324. Obeah
325. Acts likely to spread disease
326. Pollution, etc.
327. Adulteration of food, etc.
328. Unauthorised wearing of uniform
329. Negligence with fire
330. Throwing missile, etc. in public place
331. Defacing buildings, etc.
332. Removing boats, etc.
333. Animals in public place
334. Fireworks and firearms in public place
335. Gambling
336. Neglect to maintain family
337. Unlawful depasturing of animals
338. Obstructing police officer
339. Refusing to assist police officer, etc.
340. Using animal without consent of owner
341. Indecency, etc. in public place
342. Having possession of thing reasonably suspected of being stolen
343. Preventing work or trading
344. Jurisdiction in respect of offence under this Part
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PART XXI
CONSPIRACY, ATTEMPT AND ASSISTING OFFENDERS
345. Conspiracy to commit an offence
346. Punishment for conspiracy
347. Other conspiracies
348. Exemptions
349. Supplementary provisions regarding conspiracy
350. “Attempt” defined
351. Punishment for attempt or incitement to commit an offence
352. Assisting offenders
353. Penalty for concealing an offence

PART XXII
MISCELLANEOUS
354. Arrest without warrant
355. Further provisions concerning arrestable offences
356. Penalties for giving false information
357. Provisions relating to cases in which the assent of the Attorney General is
required
358. Offences and penalties, etc.
359. Alternative convictions
360. Restriction on proceedings for offences under common law
361. Abolition of certain common law offences
362. Repeals and consequential amendments
SCHEDULE 1: Table of Offences and Penalties
SCHEDULE 2: Table of Alternative Verdicts
SCHEDULE 3: PART I: Enactments Repealed
PART II: Amendments of General Application
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CRIMINAL CODE
(Acts 1 of 1997, 7 of 2002, 15 of 2005, 8 of 2006 and 3 of 2007)

Commencement
[1 September 1997]
PRELIMINARY

Short title
1. This Act (hereinafter referred to as “this Code”) may be cited as the
Criminal Code.

Saving of other laws

2. (1) Except as hereinafter expressly provided, nothing in this Code shall
affect—
(a) the liability, trial or punishment of a person for an offence against
the common law or any other law in force in the Territory other
than this Code;
(b) the power of a court to punish a person for contempt of such court
under the Contempt of Court Act;
(c) the liability, trial or punishment of a person under a sentence
passed, or to be passed in respect of an act done or commenced
before the commencement of this Code;
(d) any power of Her Majesty, or of the Governor vested in him or
her as the representative of Her Majesty, to grant a pardon or to
remit or commute, in whole or in part, or to respite the execution
of a sentence passed or to be passed; or
(e) a law for the time being in force for the Government of Her
Majesty’s naval, military or air forces.
(2) Where a person does an act which is punishable under this Code and
also punishable under any other law, he or she shall not be punished for that act
both under this Code and that other law.

Interpretation
3. (1) Except as otherwise in this Code, or in the Interpretation Act,
expressly provided, this Code shall be interpreted in accordance with the
principles of legal interpretation obtaining in England, and expressions used in
the Code shall be presumed, so far as is consistent with their context, to be used
in accordance with the meanings attached to them in the criminal law of
England, and shall be construed in accordance therewith.
(2) In this Code, unless the context otherwise requires—
“arrestable offence” means an offence for which a person may be arrested
without a warrant, under the provisions of section 355;
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“court” means the High Court or the Magistrate’s Court as the context requires;
“knowingly”, used in connection with any term denoting uttering or using,
implies knowledge of the character of the thing uttered or used;
“money” includes bank notes, bank drafts, cheques and any other orders,
warrants or requests for the payment of money;
“night” or “night-time” means the interval between 1900 hours in the evening
and 0600 hours in the morning of the following day;
“oath” includes an affirmation or statutory declaration;
“offence” includes an act, attempt or omission punishable by law;
“person employed in the public service” includes—
(a) a person holding a public office, whether temporarily or
permanently, by appointment, by election or by operation of law;
(b) an arbitrator, umpire or referee in any proceeding or matter acting
with the sanction of a court or in pursuance of any law;
(c) a magistrate or justice of the peace;
(d) a member of a statutory body, tribunal or commission appointed
under or in pursuance of any law; and
(e) a marriage officer or Civil Marriage Officer, appointed under the
Marriage Act when acting in performance of his or her functions
as such;
“possession” includes not only having in one’s own personal possession, but
knowingly having anything in the actual or personal possession or
custody of another person, or having anything in any place (whether
belonging to or occupied by oneself or not) for the use or benefit of
oneself or any other person; and if there are 2 or more persons and any
one or more of them with the knowledge and consent of all or any of the
others has or have anything in his, her or their custody or possession, it
shall be deemed to be in the custody and possession of each and all of
them;
“property” includes any description of real or personal property, money, debts
and legacies and any deeds, instruments or other documents relating to or
evidencing the title or right to any property or giving a right to recover or
receive any money or goods;
“public” includes not only all persons in the Territory but also persons inhabiting
or using any particular place, or any number of persons and also such
indeterminate persons as may happen to be affected by the conduct in
respect of which such expression is used;
“public way” includes any highway, market place, square, street, bridge or other
way which is lawfully used by the public as of right;
“publicly”, when applied to acts done, means either that they are so done in a
public place as to be seen by any person, whether such person is or is not
in a public place, or that the acts are so done in a place which is not a
public place as to be likely to be seen by any person in a public place;
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“utter” includes using or dealing with or attempting to use or deal with, or

attempting to induce any person to use, deal with or act upon the thing in
question;
“valuable security” includes a document which is the property of a person and
which is evidence of the ownership of property or of the right to recover
or receive property;
“vessel” includes any thing or device capable of being used for the conveyance
of goods or passengers on water from one place to another and includes a
hovercraft and any vessel being towed or carried by another vessel;
“wound” means an incision or puncture which breaks the continuity of the whole
skin and not merely the cuticle or upper skin.
(3) Except where the context otherwise requires, Parts I and II of this
Code apply to offences under any other law as they apply to offences under this
Code.

Offences committed partly within and partly beyond the jurisdiction

4. When an act which, if done wholly within the jurisdiction of the court,
would be an offence against this Code, is done partly within, and partly beyond
the jurisdiction, every person who within the jurisdiction does or takes any part
in such act may be tried and punished under this Code in the same manner as if
the act had been done wholly within the jurisdiction.

PART I
GENERAL RULES AS TO CRIMINAL LIABILITY

Ignorance of the law

5. Ignorance of the law does not afford an excuse for an act or omission
which would otherwise constitute an offence unless knowledge of the law by the
offender is expressly declared to be an element of the offence.

Bona fide claim of right

6. A person is not criminally responsible in respect of an offence relating to
property, if the act done or omitted to be done by him or her with respect to the
property was done in the exercise of an honest claim of right and without
intention to defraud.

Intention and motive

7. (1) Subject to the express provisions of this Code or any other law, a
person is not criminally responsible for an act or omission which occurs
independently of the exercise of his or her will, or for an event which occurs by
accident.
(2) Unless the intention to cause a particular result is expressly declared
to be an element of an offence constituted in whole or in part by an act or
omission, the result intended to be caused by an act or omission is immaterial.
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(3) Unless otherwise expressly declared, the motive by which a person is

induced to do or omit to do an act, or to form an intention, is immaterial as
regards criminal responsibility.
(4) In determining whether a person has committed an offence, a court—
(a) shall not be bound in law to infer that he or she intended or
foresaw a result of his or her actions by reason only of it being a
natural and probable consequence of those actions, but
(b) shall decide whether he or she intended or foresaw that result by
reference to all the evidence, drawing such inference from the
evidence as appears proper in the circumstances.

Mistake of fact
8. Subject to the express or implied provisions of this Code or any other law,
a person who does or omits to do an act under an honest and reasonable, but
mistaken belief in the existence of any state of things is not criminally
responsible for the act or omission to any greater extent than if the real state of
things had been such as he or she believed to exist.

Presumption of sanity
9. Every person is presumed to be of sound mind, and to have been of sound
mind at any material time, until the contrary is proved.

Insanity
10. (1) Subject to subsection (2) and to the provisions of this Code with
regard to persons suffering from diminished responsibility, a person shall not be
criminally responsible for an act or omission if, at the time of doing the act or
making the omission he or she is, through a disease affecting his or her mind,
incapable of understanding what he or she is doing or of knowing that he or she
ought not to do the act or make the omission.
(2) A person may be criminally responsible for an act or omission,
although his or her mind is affected by disease, if such disease does not in fact
produce upon his or her mind one or other of the effects in subsection (1) in
reference to that act or omission.

Intoxication
11. (1) Save as provided in this section, intoxication shall not constitute a
defence to a criminal charge.
(2) Intoxication shall be a defence to a criminal charge if by reason
thereof, at the time of the act or omission complained of, the person charged did
not know that such act or omission was wrong or did not know what he or she
was doing, and—
(a) the state of intoxication was caused, without his or her consent, by
the malicious or negligent act of another person; or
(b) the person charged was by reasons of intoxication insane, whether
temporarily or otherwise, at the time of such act or omission.
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(3) Where a defence under subsection (2) is established, then—

(a) in a case falling within subsection (2)(a), the accused shall be
discharged;
(b) in a case falling within subsection (2)(b), the provisions of section
10 shall apply and the person charged shall be dealt with in
accordance with the provisions relating to insanity contained in
the Criminal Procedure Act.
(4) Intoxication shall be taken into account for the purpose of determining
whether the person charged had formed any specific intention, in the absence of
which he or she would not be guilty of the offence.
(5) For the purpose of this section, “intoxication” shall be deemed to
include a state produced by narcotics or drugs.

Immature age
12. (1) A person under the age of 10 years is not criminally responsible for
any act or omission.
(2) A person under the age of 14 years is not criminally responsible for an
act or omission unless it is proved that at the time of doing the act or making the
omission he or she had capacity to know that he or she ought not to do the act or
make the omission.
(3) A male person under the age of 12 is presumed to be incapable of
having carnal knowledge.
(4) Where a person is charged with an offence under this Code or any
other law in respect of a child who is alleged to be under a specified age and that
the child appears to the court to be under that age, the child shall be presumed to
be under that age unless the contrary is proved.

Surgical operations
13. A person is not criminally responsible for performing, in good faith and
with reasonable care and skill, a surgical operation upon any person for his or
her benefit, or intended benefit, or upon an unborn child for the purpose of the
preservation of the mother’s life, if the performance of the operation is
reasonable having regard to the patient’s state at the time and all the
circumstances of the case.

Duress
14. (1) Except for the offence of murder, genocide and treason, a person is
not criminally responsible for an offence if the act is done or not done only
because during the time which it is being done or omitted to be done the person
is compelled to do or not to do the act by threats on the part of another person.
(2) For the purpose of subsection (1), a threat must consist of immediate
or proximate death or grievous bodily harm upon refusal to comply therewith to
that person or a third party.
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Compulsion by husband
15. A married woman is not free from criminal responsibility for doing or
omitting to do an act merely because the act or omission takes place in the
presence of her husband; but on a charge against a wife, other than for treason or
murder, it shall be a good defence to prove that the offence was committed in the
presence of and under the coercion of the husband.

Defence of person or property

16. Subject to the express provisions of this Code or any other law for the
time being in force in the Territory, criminal responsibility for the use of force in
the defence of person or property shall be determined according to the common
law.

Use of force in effecting arrest

17. A person may use such force as is reasonable in the circumstances in
preventing crime, or in effecting or assisting in the lawful arrest of offenders or
suspected offenders or of persons unlawfully at large.

Person not to be punished twice for same offence

18. A person shall not be punished twice, either under the provisions of this
Code or under the provisions of any other law, for the same offence.

Principal offenders
19. (1) When an offence is committed, each of the following persons is
deemed to have taken part in committing the offence and to be guilty of the
offence, and may be charged with actually committing it, that is to say—
(a) every person who actually does the act or makes the omission
which constitutes the offence;
(b) every person who does or omits to do any act for the purpose of
enabling or aiding any other person to commit the offence;
(c) every person who aids or abets another person in committing the
offence; and
(d) any person who counsels or procures another person to commit
the offence.
(2) In a case arising out of subsection (1)(d), the accused may be charged
with committing the offence or with counselling or procuring its commission.
(3) A conviction of counselling or procuring the commission of an
offence entails the same consequences in all respects as a conviction of
committing the offence.
(4) A person who procures another to do or omits to do an act of such a
nature that, if the person had himself or herself done the act, or made the
omission, the act or omission would have constituted an offence on the person’s
part, is guilty of an offence of the same kind, and is liable to the same
punishment, as if the person had done the act or made the omission, and the
person may be charged with doing the act or making the omission.
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Offences committed by joint offenders in prosecution of common

purposes
20. When 2 or more persons form a common intention to prosecute an
unlawful purpose in conjunction with one another and in the prosecution of such
unlawful purpose, an offence is committed of such a nature that its commission
was a probable consequence of the prosecution of the unlawful purpose, each of
them is deemed to have committed the offence.

Counselling another to commit an offence

21. (1) When a person counsels another to commit an offence, and an offence
is actually committed after such counsel by the person to whom it is given, it is
immaterial whether the offence actually committed is the same as that counselled
or a different one, or whether the offence is committed in the way counselled or
in a different way.
(2) In either case, the facts constituting the offence actually committed
must be a probable consequence of the carrying out of the counsel, and the
person who gave the counsel is deemed to have counselled the other person to
commit the offence.

PART II
PUNISHMENTS

Kinds of punishment
22. Subject to the provisions of this Code and of any other law in force
relating to the jurisdiction of particular courts, the following kinds of
punishments may be imposed by a court on persons convicted of offences under
this Code—
(a) imprisonment;
(b) fine;
(c) payment of compensation to injured party;
(d) suspended sentence;
(e) finding security to keep the peace and be of good behaviour or to
come up for judgment;
(f) probation under the Probation of Offenders Act;
(g) forfeiture of articles involved in an offence;
(h) any other punishment expressly provided for by law for the time
being in force.

Imprisonment
23. (1) A person liable to imprisonment for life or any other period may be
sentenced to a shorter term, except in the case of a sentence passed in pursuance
of section 163.
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(2) Subject to the provisions of this Code or any other law, a person liable
to imprisonment may be sentenced to pay a fine in addition to or instead of
imprisonment.

Fines
24. (1) Where a fine is imposed under any law, then, in the absence of
express provisions relating to the fine in that law, the following provisions shall
apply—
(a) where no limit is expressed as regards the amount of the fine, the
amount of the fine which may be imposed is unlimited but shall
not be excessive;
(b) in the case of an offence punishable by a fine or a term of
imprisonment or both, the imposition of a fine, or of a term of
imprisonment or both, shall be in the discretion of the court;
(c) in the case of—
(i) an offence punishable with imprisonment as well as a fine,
and in which the offender is sentenced to a fine (with or
without imprisonment);
(ii) an offence punishable with a fine only in which the offender
is sentenced to a fine,
the court imposing the fine may, in its discretion, direct by its
sentence that in default of payment of the fine, within such
time (if any) as the court may direct, the offender shall suffer
imprisonment for a term not exceeding the maximum term
specified in section 25, and the imprisonment shall be in
addition to and consecutive with any other imprisonment to
which the offender may have been sentenced, or may be
liable under a commutation of sentence.
(2) For the purpose of subsection (1)(c), where the sentence directs that in
default of payment of the fine, the offender shall be imprisoned, and if such
person has undergone the whole of such imprisonment in default, no court shall
issue a distress warrant unless, for special reasons, to be recorded in writing by
the court, it considers it necessary.

Imprisonment in lieu of fine

25. (1) In the absence of express provisions in any law relating thereto, the
term of imprisonment which may be ordered by a court in respect of the non-
payment of any sum adjudged to be paid as a fine, costs or compensation, or of
any sum adjudged to be paid under any law relating to the offence of which the
offender has been convicted, shall be such term as in the opinion of the court will
satisfy the justice of the case, but shall not exceed the maximum fixed by the
following scale—
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Where the amount of the sum of The period of imprisonment

money adjudged to be paid shall not exceed
(a) does not exceed $200 4 days
(b) exceeds $200 but does not exceed $500 30 days
(c) exceeds $500 but does not exceed $1,000 2 months
(d) exceeds $1,000 but does not exceed $2,000 4 months
(e) exceeds $2,000 6 months.
(2) Imprisonment imposed in default of the payment of any sum payable
in respect of a fine, costs or compensation shall terminate immediately the fine is
paid or levied by process of law, and in a case where part of the amount payable
is paid, the term of the imprisonment shall be reduced in proportion to the
amount so paid.

Forfeiture of proceeds of offences

26. (1) Where any person is convicted of an offence under this Act that is
punishable with a term of imprisonment of 2 years or more, the court may, in
addition to or in lieu of any other penalty which may be imposed, order the
forfeiture to the Crown of any property which has passed in connection with, or
was used in, the commission of the offence or, if such property cannot be
forfeited or cannot be found, of such sum as the court shall assess as the value of
the property, and any property or sum so forfeited shall be dealt with in such
manner as the Governor may direct. (Amended by Act 8 of 2006)
(2) The payment of any sum ordered to be forfeited under subsection (1)
may be enforced in the same manner and subject to the same incidents as in the
case of the payment of a fine.

Compensation
27. (1) A person who is convicted of an offence may be ordered by the court
to make compensation to any person injured, in person or property, by his or her
offence and the compensation may be in addition to any other punishment.
(2) Subsection (1) shall not preclude a person who, or whose property,
has been injured by the act or omission of another from bringing an action in
respect of such injury, but if he or she shall so do, the court, in making an award,
shall take into account any compensation that may have been paid by virtue of an
order under subsection (1).

Costs
28. Subject to limitations imposed by any other law, a court may order a
person convicted of an offence to pay costs of and incidental to the prosecution
or any part thereof.

Suspended sentence of imprisonment

29. (1) Subject to subsection (2), where a court passes a sentence of
imprisonment for a term of not more than 2 years for an offence, it may order
that the sentence shall not take effect unless, during a period specified in the
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order, being not less than one year or more than 2 years from the date of the
order, the offender commits in the Territory another offence punishable with
imprisonment.
(2) A court shall not deal with an offender by means of a suspended
sentence unless it is of the opinion that—
(a) the case is one in which a sentence of imprisonment would have
been appropriate even without the power to suspend the sentence;
and
(b) the exercise of that power can be justified by the exceptional
circumstances of the case.
(3) A court which passes a suspended sentence on any person for an
offence—
(a) shall consider whether the circumstances of the case are such as to
warrant, in addition, the imposition of a fine or the making of a
compensation order; and
(b) shall not make a probation order in his or her case in respect of
another offence of which he or she is convicted by or before the
court or for which he or she is dealt with by the court.
(4) Where an offender is convicted of an offence punishable with
imprisonment committed during the period of a suspended sentence, then, unless
the sentence has already taken effect, the court shall consider his or her case and
deal with him or her by one of the following methods—
(a) the court may order that the suspended sentence shall take effect
with the original term unaltered;
(b) the court may order that the sentence shall take effect with the
substitution of a lesser term for the original term;
(c) the court may by order vary the original order under subsection
(1) by substituting for the period specified therein a period
expiring not later than 2 years from the date of the variation;
(d) the court may make no order with respect to the suspended
sentence.
(5) Where the court orders that a suspended sentence shall take effect,
with or without any variation of the original term, it may order that the sentence
shall take effect immediately, or that the term thereof shall commence on the
expiration of another term of imprisonment passed on the offender by that or
another court.
(6) In proceedings for dealing with an offender in respect of a suspended
sentence, any question whether the offender has been convicted of an offence
punishable with imprisonment committed during the period of the suspended
sentence is one of law to be determined by the court and not by the verdict of a
jury.

Security for keeping the peace

30. (1) Subject to subsection (2), a person convicted of an offence not
punishable with imprisonment for life may, instead of, or in addition to, any
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punishment to which he or she is liable, be ordered to enter into his or her own
recognizance, with or without sureties, in such amount as the court thinks fit, that
he or she shall keep the peace and be of good behaviour for a time to be fixed by
the court, and may be ordered imprisoned until such recognizance with sureties
if so directed, is entered into.
(2) An order of imprisonment under subsection (1) for not entering into
the recognizance shall not—
(a) extend for a period longer than one year; and
(b) together with the fixed term of imprisonment, if any, extend for a
term longer than the longest term to which he or she might be
sentenced to be imprisoned for the offence of which he or she is
convicted.

Security for coming up for judgment

31. When a person is convicted of an offence not punishable with
imprisonment for life, the court may, instead of passing sentence, discharge the
offender on entering on his or her own recognizance, with or without sureties, in
such sum as the court thinks fit, on condition that he or she shall appear and
receive judgment at some future sitting of the court or when called upon.

General punishment for offences

32. When in this Code or any other law no punishment is specially provided
for an offence it shall be punishable with imprisonment for a term not exceeding
2 years or with a fine not exceeding $2,000, or with both.

Sentence cumulative unless otherwise ordered

33. (1) Where a person after conviction of an offence is convicted of another
offence, either before sentence is passed upon him or her under the first
conviction or before the expiration of that sentence, any sentence other than a
sentence of corporal punishment, which is passed upon him or her under the
subsequent conviction, shall be executed after the expiration of the former
sentence, unless the court, subject to subsection (2), directs that it shall be
executed concurrently with the former sentence or of any part thereof.
(2) No court shall direct that a sentence of imprisonment in default of
payment of a fine shall be executed concurrently with a former sentence imposed
under section 24(1)(c) of this Code or of any part thereof.

Escaped convicts to serve unexpired sentences when recaptured

34. If a sentence is passed under this Code upon an escaped convict, the
sentence shall run consecutively or concurrently, as the court may order, with the
unexpired portion of the sentence which the convict was undergoing when he or
she escaped.
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Discharge of offender without punishment

35. (1) Where in any trial the court thinks that the charge is proved, but is of
the opinion that, having regard to—
(a) the character, antecedents, age, health or mental condition of the
accused;
(b) the trivial nature of the offence; or
(c) the extenuating circumstances in which the offence was
committed,
it is inexpedient to inflict any punishment, the court may, without proceeding to
conviction, make an order dismissing the charge.
(2) An order made under subsection (1) shall, for the purpose of revesting
or restoring stolen property and of enabling a court to make an order in that
behalf, have the like effect of a conviction.
(3) Where a charge is dismissed under subsection (1), the court may order
the accused person to pay the whole or any part of the costs of and incidental to
the prosecution.

PART III
OFFENCES AGAINST GOVERNMENT AND PUBLIC ORDER

Treason
36. A person commits the offence of treason and is liable on conviction on
indictment to suffer imprisonment for life if he or she—
(a) expresses, utters, declares or publishes in any manner, or by any
overt act manifests an intention so to publish, any matter, thing or
intention whatsoever which, if done in England, is treason by the
law of England;
(b) does, in the Territory, any act which if done in England would be
treason by the law of England; or
(c) instigates any other person to invade the Territory with armed
force.
(Amended by Act 8 of 2006)

Concealment of treason
37. A person who—
(a) knowing that a person intends to commit treason, does not give
information thereof with all reasonable despatch to the Governor,
the Magistrate, a justice of the peace or a police officer, or use
other reasonable endeavours to prevent the commission of the
offence; or
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(b) knowing or believing that a person is guilty of treason, does an act

with intent to impede his or her apprehension or prosecution for
that offence,
commits an offence and is liable on conviction on indictment to imprisonment
for life. (Amended Act 8 of 2006)

Treason felony
38. Any person who, in the Territory, does an act or publishes anything which
by the law of England if done in England constitutes an offence under the
Treason 11 & 12 Vict. c.12 Felony Act, 1848, commits an offence and is liable
on conviction on indictment to imprisonment for life. (Amended by Act 8 of 2006)

Limitation on prosecution for treason, etc.

39. (1) No person shall be tried for an offence, committed within the
Territory, under section 36, 37 or 38 unless the prosecution is commenced within
3 years after the date of the commission of the offence.
(2) A person charged with an offence to which this section refers shall not
be convicted, otherwise than on his or her own plea of guilty, except on the
evidence in open court of 2 witnesses—
(a) at least to one overt act of the kind alleged; or
(b) he evidence of one witness to one overt act and one other witness
to another act relevant to the same kind of offence.
(3) This section shall not apply in a case in which this act of treason
alleged is the killing of Her Majesty or a direct attempt to endanger the life or
injure the person of Her Majesty.

Definition of overt act

40. For the purposes of offences referred to in this Part, when the
manifestation by an overt act of an intention to effect a purpose is an element of
the offence, in addition to any other act which may be held to constitute an overt
act, every act of conspiring with any person to effect that purpose, and every act
done in furtherance of the purpose by any of the persons conspiring, shall be
deemed to be an overt act manifesting the intention.

Incitement to mutiny
41. (1) A person who deliberately attempts—
(a) to seduce any person serving in Her Majesty’s naval, military or
air forces, or a police officer or member of a security force from
his or her duty or allegiance to Her Majesty;
(b) to incite such persons to commit an act of mutiny or any traitorous
or mutinous act; or
(c) to incite such persons to make or endeavour to make a mutinous
assembly,
commits an offence and is liable on conviction on indictment to imprisonment
for life. (Amended by Act 8 of 2006)
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(2) For the purposes of this section and of sections 42 and 43 “security
force” means any force established in the Territory by virtue of an enactment.

Aiding, etc. acts of mutiny

42. A person who—
(a) aids, abets or is accessory to an act of mutiny by; or
(b) incites to sedition or to disobedience to a lawful order given by a
superior officer,
a member of her Majesty’s naval, military or air forces or a police officer or
member of any security force, commits an offence and is liable on conviction on
indictment to imprisonment for 5 years. (Amended by Act 8 of 2006)

Inducing police officer, etc., to desert

43. A person who—
(a) procures or persuades or attempts to procure or persuade to desert;
(b) aids, abets or is accessory to the desertion of; or
(c) having reason to believe that he or she is a deserter, harbours or
aids in concealing,
a member of Her Majesty’s naval, military or air forces or a police officer or
member of any security force, commits an offence and is liable on summary
conviction to imprisonment for a term not exceeding 6 months or to a fine not
exceeding $500. (Amended by Act 8 of 2006)

Piracy jure gentium

44. (1) A person who is guilty of piracy jure gentium is liable on conviction
on indictment to imprisonment for life. (Amended by Act 8 of 2006)
(2) For the purposes of this section, piracy jure gentium means piracy as
defined in the Schedule to the Tokyo Convention Act 1967, as applied to the
Territory by the 1864 Tokyo Convention Act 1967 (Overseas Territories) Order,
1968.

Piracy in other cases

45. A person who is guilty of piracy, or of a crime connected with, relating to
or akin to piracy, in circumstances not constituting an offence under section 44,
is liable to be tried and punished according to the laws of England.

Definition
46. For the purpose of sections 47 to 52—
“import” includes—
(a) to bring into the Territory; and
(b) to bring into the territorial waters of the Territory, whether or not
the matter so brought is brought ashore or whether there is, or is
not an intention to bring the same ashore;
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“publication” includes all written and printed matter, and a gramophone or other
record, perforated roll, recording tape, cinematograph film or other
contrivance by means of which words or ideas may be mechanically
produced, represented or conveyed and everything, whether of a nature
similar to the foregoing or not, containing a visible representation, or by
its form, shape or other characteristics, or in any manner, is capable of
producing, representing or conveying words or ideas and every copy or
reproduction of a publication;
“periodical publication” includes every publication issued periodically or in parts
or numbers at intervals, whether regular or irregular;
“prohibited publication” means any publication, the sale or public display of
which has been prohibited by order under section 49;
“seditious publication” means a publication having a seditious intention within
the meaning of section 47; and
“seditious words” means words having a seditious intention within the meaning
of section 47.

Seditious intention
47. (1) A “seditious intention” is an intention—
(a) to bring into hatred or contempt or to excite disaffection against
the person of the Sovereign, Her heirs, or successors, the
Governor, or the Government of the Territory by law established;
(b) to excite the inhabitants of the Territory to attempt to procure the
alteration, otherwise than by lawful means, of any matter in the
Territory as by law established;
(c) to bring into hatred or contempt or to excite disaffection against
the administration of justice in the Territory;
(d) to raise discontent or disaffection amongst the inhabitants of the
Territory; or
(e) to promote ill-will or hostility between different classes of the
population of the Territory.
(2) An act or a speech or publication is not seditious by reason only that it
intends—
(a) to show that the Crown has been misled or mistaken in any of its
measures;
(b) to point out errors or defects in the Government or constitution of
the Territory;
(c) to persuade the inhabitants of the Territory to attempt to procure
by lawful means the alteration of any matter in the Territory as by
law established; or
(d) to point out, with a view to their removal, any matters which are
producing or have a tendency to produce feelings of ill-will or
enmity between different classes of the population.
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(3) In determining whether the intention with which an act was done,
words were spoken, or any document was published, was or was not seditious,
every person shall be deemed to intend the consequences which would naturally
flow from his or her conduct at the time and under the circumstances in which he
or she so conducted himself or herself.

Seditious offences
48. (1) A person who—
(a) does or attempts to do, or makes any preparation to do an act with
a seditious intention;
(b) utters seditious words;
(c) prints, publishes, sells, offers for sale, distributes or reproduces
seditious publication; or
(d) imports a seditious publication, unless he or she has no reason to
believe it is seditious,
commits an offence. (Amended by Act 8 of 2006)
(2) A person who commits an offence under subsection (1) is liable—
(a) on summary conviction to imprisonment for a term not exceeding
3 years or to a fine not exceeding $3,000, or both; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 10 years,
and any seditious publication shall be forfeited to the Crown.
(Inserted by Act 8 of 2006)
(3) A person who, without lawful excuse, has in his or her possession a
seditious publication commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000
or both, and the publication shall be forfeited to the Crown. (Amended by Act 8 of
2006)
(4) It shall be a defence to a charge under subsection (2) that, if the
person charged did not know that the publication was seditious when it came
into his or her possession, he or she did, as soon as the nature of the publication
became known to him or her, deliver it to the nearest police station.

Power to prohibit importation of publications

49. (1) If the Cabinet is of the opinion that a publication, or all publications
published by a person or association of persons outside the Territory would be
contrary to the public interest, the Cabinet may by order published in the Gazette
prohibit the importation of the publication or publications and, in the case of a
periodical publication may, by the same or a subsequent order, prohibit the
importation of any past or future issue of the publication.
(2) An order under subsection (1) shall, unless a contrary intention is
expressed therein, apply to a translation into any language of the publication
specified in the order.
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Offences in relation to publications the importation of which is

prohibited or restricted
50. (1) A person who imports, sells, offers for sale, distributes or reproduces
a publication, the importation of which is prohibited under section 49, or an
extract therefrom, or who publicly displays a prohibited publication or an extract
therefrom, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 3 years or to a fine not exceeding $3,000
or both, and the publication shall be forfeited to the Crown.
(2) A person who, without lawful excuse, has in his or her possession a
publication, the importation of which is prohibited under section 49 or an extract
therefrom, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000
or both, and the publication shall be forfeited to the Crown.
(Amended by Act 8 of 2006)

Delivery of prohibited publication to police officer

51. (1) A person to whom a publication, the importation of which is
prohibited under section 49, or an extract therefrom—
(a) is sent without his or her knowledge or privity, and not in
response to a request made before the prohibition of the
importation of the publication came into effect, shall forthwith if,
or as soon as the nature of its contents have become known to him
or her; or
(b) in the case of a publication or extract therefrom coming into his or
her possession before an order prohibiting its importation has
been made,
forthwith upon the coming into effect of an order prohibiting the importation of
the publication, deliver it or an extract therefrom to the nearest police station.
(2) A person who defaults in complying with subsection (1) commits an
offence and is liable on summary conviction to imprisonment for a term not
exceeding 2 years or to a fine not exceeding $2,000 or both, and the publication
shall be forfeited to the Crown. (Amended by Act 8 of 2006)
(3) A person who complies with the provisions of subsection (1) or is
convicted of an offence under subsection (2), shall not be liable to be convicted
for having imported or having in his or her possession the same publication or an
extract therefrom.

Power to examine suspected package, etc.

52. (1) A person employed in the public service and authorised in that behalf
by the Governor may detain, open and examine any package or article which he
or she suspects to contain a publication or extract therefrom which it is an
offence under the provisions of section 50 to import and during the examination
may detain any person importing, distributing or posting the package or article or
in whose possession the package or article is found.
(2) If any such publication or extract therefrom is found in the package or
article, the whole package or article may be impounded and retained and the
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person importing, distributing or posting it, or in whose possession it is found,

may be arrested and proceeded against.

Legal proceedings
53. (1) No prosecution for an offence under section 48 shall be begun except
within 6 months after the offence is committed, except that where a person
leaves the Territory within 6 months of committing the offence, the prosecution
may be begun within 6 months from the date when he or she returns to the
Territory.
(2) No person shall be prosecuted for an offence under section 48 without
the written consent of the Director of Public Prosecutions.

Evidence
54. No person shall be convicted of an offence under section 48 upon the
uncorroborated testimony of one witness.

Unlawful oaths to commit serious offences

55. A person commits an offence and is liable on conviction on indictment to
imprisonment for life, if he or she—
(a) administers, or is present at and consents to the administration of
an oath, or engagement in the nature of an oath, purporting to
bind the person who takes it to commit an offence punishable
with imprisonment for life; or
(b) takes any such oath or engagement, not being compelled so to do.
(Amended by Act 8 of 2006)

Other unlawful oaths to commit offences

56. A person commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 10 years if he or she—
(a) administers or is present at and consents to the administration of,
an oath or engagement in the nature of an oath, purporting to bind
the person who takes it—
(i) to engage in an enterprise having a mutinous or seditious
intention;
(ii) to commit an offence not punishable with imprisonment for
life;
(iii) to disturb the public peace;
(iv) to be a member of an association, society or confederacy,
formed for the purpose of doing an act mentioned in sub-
paragraph (i), (ii) or (iii);
(v) to obey the orders or commands of a committee or body of
persons, not lawfully constituted, or a leader or commander or
other person not having authority by law for that purpose;
(vi) not to inform or give evidence against an associate,
confederate or other person;
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(vii) not to reveal or discover any unlawful association, society or

confederacy, or any illegal act done or to be done or any
illegal oath or engagement that may have been administered
or tendered to or taken by himself, herself or any other
person, or the import of such oath or engagement; or
(b) takes any such oath or engagement, not being compelled so to do.
(Amended by Act 8 of 2006)

How far compulsion is a defence

57. A person who takes an oath or engagement as is mentioned in sections 55
and 56 cannot set up a defence that he or she was compelled to do so unless,
within 14 days after taking it or, if he or she is prevented by actual force or
sickness, within 14 days after the termination of the prevention, he or she
declares on oath before a judicial officer, all that he or she knows concerning the
matter, including the person or persons by whom and in whose presence, and the
place where and the time when, the oath or engagement was administered or
taken.

Unlawful drilling
58. (1) A person commits an offence and is liable on conviction on
indictment to imprisonment for a term not exceeding 7 years, if he or she—
(a) without the permission of the Governor, trains or drills another
person in the use of arms or the practice of military exercises,
movements or evolutions; or
(b) is present at a meeting or assembly of persons, held without the
permission of the Governor, for the purpose of training or drilling
another person in the use of arms or the practice of military
exercises, movements or evolutions.
(Amended by Act 8 of 2006)
(2) A person who at a meeting or assembly held without the permission
of the Governor, is trained or drilled in the use of arms or the practice of military
exercises, movements or evolutions, or who is present at any such meeting or
assembly for the purpose of being so trained or drilled, commits an offence and
is liable on summary conviction to imprisonment for a term not exceeding 2
years or to a fine not exceeding $2,000, or both. (Amended by Act 8 of 2006)

Publication of false news likely to cause fear and alarm the public
59. (1) A person who—
(a) publishes a false statement, rumour or report which is likely to
cause fear or alarm or to disturb the peace; or
(b) does anything which is likely to cause undue fear, alarm or
disturbance of the peace,
commits an offence and is liable—
(i) on summary conviction to imprisonment for a term not
exceeding 2 years or to a fine not exceeding $20,000, or both;
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(ii) on conviction on indictment to imprisonment for a term not

exceeding 5 years or to a fine not exceeding $50,000, or both.
(Substituted by Act 7 of 2002)
(2) It shall be a defence to a charge under subsection (1) if the accused
proves that, prior to the publication, he or she took such measures to verify the
accuracy of the statement, rumour or report as to lead him or her reasonably to
believe that it was true.

Defamation of foreign personages

60. A person who, without any justification or excuse as would be sufficient
on the defamation of a private person, publishes in any manner anything tending
to degrade, revile or expose to hatred or contempt a foreign prince, potentate,
ambassador or other foreign dignitary with intent to disturb peace and friendship
between the United Kingdom or the Territory and the country to which the
prince, potentate, ambassador or dignitary belongs, commits an offence and is
liable on summary conviction to imprisonment for a term not exceeding 2 years
or to a fine not exceeding $2,000, or both. (Amended by Act 8 of 2006)

Foreign enlistments
61. A person who, not being licensed in writing by the Governor, in that
behalf—
(a) being a British subject, accepts or agrees to accept a commission
or engagement in the air, military or naval service of a foreign
state at war with a friendly state or whether a British subject or
not, induces another person to accept or agree to accept a
commission or engagement in the air, military or naval service of
a foreign state as stated in this paragraph; or
(b) being a British subject, quits or goes on board a ship or aircraft
with a view to quitting the Territory, with intent to accept a
commission, or engagement in the air, military or naval service of
a foreign state at war with a friendly state, or whether a British
subject or not, induces another person to quit or go on board a
ship or aircraft with a view to quitting the Territory with the like
intent,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 2 years or to a fine not exceeding $2,000, or both. (Amended
by Act 8 of 2006)

Unlawful assembly
62. (1) When 3 or more persons assemble with intent to commit an offence,
or being assembled with intent to carry out some common purpose, conduct
themselves in such a manner as to cause persons in the neighbourhood
reasonably to fear that the persons so assembled will commit a breach of the
peace, or will by such assembly needlessly and without any reasonable occasion
provoke other persons to commit a breach of the peace, they are guilty of an
unlawful assembly.
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(2) For purposes of subsection (1), it is immaterial that the original

assembling was lawful if, being assembled, they conduct themselves with a
common purpose in such manner as stated in subsection (1).
(3) Any person who takes part in an unlawful assembly commits an
offence and is liable on summary conviction to imprisonment for a term not
exceeding one year or to a fine not exceeding $1,000, or both. (Amended by Act 8
of 2006)

Riot
63. (1) When an unlawful assembly has begun to execute the purpose for
which it is assembled, by a breach of the peace and to the terror of the public, the
assembly becomes a riot and the persons assembled are said to be riotously
assembled.
(2) Any person who takes part in a riot commits an offence and is liable
on conviction on indictment to imprisonment for a term not exceeding 5 years or
to a fine not exceeding $5,000, or both. (Amended by Act 8 of 2006)

Proclamation for dispersal of rioters and rioting thereafter

64. (1) A magistrate or justice of the peace, in whose view 12 or more
persons are riotously assembled, or who apprehends that a riot is about to be
committed by 12 or more persons assembled within his or her view, may make
or cause a proclamation to be made in the Governor’s name, in such form as he
or she thinks fit, commanding the rioters or persons so assembled to disperse
peaceably.
(2) If, upon the expiration of a reasonable time after the proclamation is
made, or if, the making thereof having been prevented by force, 12 or more
persons continue riotously assembled together, any person authorised to make a
proclamation, a police officer, or any person acting in aid of the person or police
officer, may do all things necessary for dispersing the persons who continue to
be assembled, or for apprehending all or any of them, and if any person resists,
may use all such force as is reasonably necessary for overcoming the resistance
and shall not be liable in any criminal or civil proceeding for having, by the use
of such force, caused harm or death to any person.
(3) If a proclamation is made, as provided in this section, a person who,
after the expiration of a reasonable time after the making of the proclamation for
the dispersal of the persons assembled, takes or continues to take part in the riot
or assembly, commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 10 years. (Amended by Act 8 of 2006)

Obstructing the making of a proclamation

65. (1) A person who forcibly prevents or obstructs the making of a
proclamation, as mentioned in section 64(1), commits an offence and is liable on
conviction on indictment to imprisonment for a term not exceeding 10 years.
(2) A person who, knowing that the making of the proclamation has been
so prevented, takes or continues to take part in the riot or assembly, commits an
offence and is liable on conviction on indictment to imprisonment for a term not
exceeding 5 years.
(Amended by Act 8 of 2006)
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Rioters destroying or damaging certain property

66. Persons who, being riotously assembled together, unlawfully pull down,
destroy or burn, or begin to pull down, destroy, burn or unlawfully damage any
building, machinery or structure, each commits an offence and is liable on
conviction on indictment to imprisonment for a term not exceeding 14 years.
(Amended by Act 8 of 2006)

Rioters interfering with aircraft, vehicle or vessel

67. Persons who, being riotously assembled together, unlawfully and with
force prevent, hinder or obstruct the loading or unloading of an aircraft, vehicle
or vessel, or the starting or transit of an aircraft, vehicle or vessel or the sailing
operations or navigation of an aircraft or vessel, or unlawfully and with force
board any aircraft, vehicle or vessel with intent so to do, each commits an
offence and is liable on summary conviction to imprisonment for a term not
exceeding 2 years or to a fine not exceeding $2,000, or both. (Amended by Act 8
of 2006)

Definition of prohibited and offensive weapons

68. (1) For the purpose of sections 69, 70, 71 and 72 the following definitions
apply—
(a) “air gun” means a gun whose propelling force is compressed air
and includes an air pistol or air rifle; (Inserted by Act 8 of 2006)
(b) “automatic rifle” means any rifle so designed or adapted that if
pressure is applied to the trigger, missiles continue to be
discharged until the pressure is removed from the trigger or until
the magazine containing the missiles is empty; (Amended by Act 8
of 2006)
(c) “dagger” includes any sword, or any knife or other instrument
having a blade ending in a sharp point, which is not primarily
designed for use in a profession, craft or business, or for domestic
use;
(d) “flick knife” or “flick gun” means any knife which has a blade
which opens automatically by hand pressure applied to a button,
spring or other device in or attached to the handle of the knife;
(e) “firearm” means any lethal barrelled weapon of any description
from which any shot, bullet or other missiles can be discharged
and includes—
(i) any weapon which is so designed or adapted that, if pressure
is applied to the trigger, missiles continue to be discharged
until pressure is removed from the trigger or the magazine
containing the missiles is empty; and
(ii) any weapon of whatever description designed or adapted for
the discharge of any noxious liquid, gas or thing, and any
component part of any such weapon, any accessory to such
weapon designed or adapted to diminish the noise or flash
caused by firing the weapon, but does not include—
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(A) an air gun;

(B) a toy-pistol or toy-gun from which any shot, bullet or
missile is discharged by the force of a spring alone; and
(C) a firearm which is preserved for antiquarian interest and
not for use;
(Substituted by Act 8 of 2006)
(f) “gravity knife” means a knife that has a blade which is released
from the handle or sheath thereof by the force of gravity or the
application of centrifugal force and which, when released, is
locked in place by means of a button, spring, lever or other
device;
(g) “knife” includes a cutting instrument, not being a dagger, whether
ending in a sharp point or not;
(h) “offensive weapon” includes an automatic rifle, bale hook, black
jack, bludgeon, cutlass, dagger, flick knife, firearm, air gun,
gravity knife, ice pick, iron bar of any description, knife, knuckle
duster, open razor, pick handle, razor or razor blade, staff, stick,
stone or sword, and any object adapted for use as a weapon;
(Amended by Act 8 of 2006)
(i) “prohibited weapon” means any machine gun, submachine gun,
automatic rifle or weapon of any description or design, adapted
for the discharge of a noxious liquid or gas and also any black
jack, bludgeon, flick knife, gravity knife or knuckle duster.
(2) For the purpose of paragraph (c), of subsection (1), sword, knife or
other instrument when worn or carried by any person, shall be deemed to be a
dagger unless it is designed primarily for use in a profession, craft or business
exercised or carried on by such person, or for domestic use, and is being worn or
carried by such person for the purpose of its use in such profession, craft or
business, or for domestic use.

Prohibition on importation, etc. of prohibited weapons

69. A person who imports into the Territory or manufactures, sells or hires or
offers for sale or hire, or exposes or has in his or her possession for the purpose
of sale or hire, or wears or carries in public, a prohibited weapon, commits an
offence and is liable on conviction on indictment to imprisonment for a term not
exceeding 10 years or to a fine not exceeding $10,000, or both. (Amended by Act
8 of 2006)

Restriction on carrying offensive weapons, etc.

70. (1) A person who carries or has in his or her possession an offensive
weapon, or an explosive or incendiary device, in a public place or outside his or
her own house or premises, commits an offence and is liable on summary
conviction to imprisonment for a term not exceeding 2 years or to a fine not
exceeding $2,000, or both. (Amended by Act 8 of 2006)
(2) Where the offensive weapon is a firearm, a person does not commit
an offence under this section if he or she is in possession of a firearm licence,
issued under the Firearms Act and a permit in writing, signed by the
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Commissioner of Police, giving him or her permission to carry the firearm

outside his or her house or premises.
(3) Where the offensive weapon is a knife, a person does not commit an
offence under this section if he or she proves that he or she was wearing or
carrying the knife outside his or her own house or premises for some lawful
purpose, for which the knife was necessary.
(4) For the purpose of this section, an imitation firearm shall be deemed
to be an offensive weapon, and “imitation firearm” means anything which has
the appearance of a firearm, whether or not the same is capable of being fired.
(5) Nothing in this section shall be deemed to prevent a police officer or a
member of Her Majesty’s armed forces from wearing or carrying any firearm,
sword, staff or other weapon issued for the purposes of his or her duty.

Power of search, arrest and forfeiture

71. (1) A police officer who suspects that a person has concealed about his or
her person an offensive or prohibited weapon may request such person to
accompany him or her to the nearest police station where the senior police
officer on duty may cause the person to be searched.
(2) A person who refuses to accompany a police officer when so required
for the purpose of subsection (1) commits an offence and may be arrested
without a warrant and is liable on summary conviction to a fine not exceeding
$100. (Amended by Act 8 of 2006)
(3) An offensive or prohibited weapon or explosive or incendiary device
in respect of which any person has been convicted under this Part shall be
forfeited to the Crown.

Forcible entry
72. (1) A person who, in order to take possession thereof, enters into a
building or onto any land in a violent manner, whether such violence consists in
actual force applied to another person, or in threats or in breaking open any
house, or in collecting an unusual number of persons, commits an offence and is
liable on summary conviction to imprisonment for a term not exceeding 2 years
or to a fine not exceeding $3,000, or both. (Amended by Act 8 of 2006)
(2) It is immaterial whether or not the person entering into a building or
onto a land contrary to subsection (1) is entitled to enter into the building or onto
the land.
(3) A person does not commit an offence under this section if he or she—
(a) acts in pursuance of a warrant or other lawful authority
authorising the use of force to gain entry into the building or onto
the land; or
(b) enters into a building or onto a land which he or she owns, but
which is in the custody of his or her servant, agent or bailiff.

Forcible detainer
73. A person who, being in actual possession of any building or land without
colour of right, holds possession of it, in a manner likely to cause a breach of the
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peace, against a person lawfully entitled to the possession thereof, commits the
offence of forcible detainer and is liable on summary conviction to imprisonment
for a term not exceeding 2 years or to a fine not exceeding $2,000, or both.
(Amended by Act 8 of 2006)

Criminal trespass
74. (1) A person who enters into or upon any property in possession of
another with intent to commit an offence or to intimidate, insult or annoy a
person in lawful possession of such property, or who, having lawfully entered
into or upon the property, remains there with intent thereby to intimidate, insult
or annoy that person, or with intent to commit an offence, commits an offence
and is liable on summary conviction to imprisonment for a term not exceeding
one year or to a fine not exceeding $1,000, or both.
(2) If the property upon which the offence is committed under subsection
(1) is a vessel, a building or tent used as a human dwelling, a building used as a
place of worship, or as a place for the custody of property, the offender is liable
on summary conviction to imprisonment for a term not exceeding 2 years or to a
fine not exceeding $2,000.
(Amended by Act 8 of 2006)

Challenging or offering to fight

75. A person who does an act with intent to provoke another person to fight,
whether in a public place or not, with a deadly or dangerous instrument, and any
person who agrees or offers so to fight, commits an offence and is liable on
summary conviction to imprisonment for a term not exceeding 2 years or to a
fine not exceeding $2,000, or both. (Amended by Act 8 of 2006)

Affray
76. A person who takes part in a fight in a public place commits an offence
and is liable on summary conviction to imprisonment for a term not exceeding
one year or to a fine not exceeding $1,000, or both. (Amended by Act 8 of 2006)

Threatening violence
77. (1) A person commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding one year if he or she—
(a) with intent to intimidate or annoy any person, threatens to break
or damage a dwelling-house; or
(b) with intent to alarm any person in a dwelling-house, discharges a
firearm or commits a breach of the peace.
(Amended by Act 8 of 2006)
(2) If an offence under subsection (1) is committed in the night, the
offender is liable on summary conviction to imprisonment for a term not
exceeding 2 years. (Amended by Act 8 of 2006)

Assembling for the purpose of smuggling

78. Persons who assemble together, to the number of 2 or more, for the
purposes of unshipping, carrying or concealing any goods subject to customs
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duty and liable to forfeiture under any law relating to customs, commit an
offence and each of them is liable on summary conviction to imprisonment for a
term not exceeding 2 years or to a fine not exceeding $2,000, or both. (Amended
by Act 8 of 2006)

PART IV
OFFENCES AGAINST THE ADMINISTRATION
OF LAWFUL AUTHORITY

Interpretation and application of this Part

79. (1) In this Part—
“agent”—
(a) means any person employed by or acting for another person; and
(b) includes a member or an officer of a public body, a trustee, a sub-
contractor, and any person employed by or acting for such public
body, trustee or sub-contractor;
“associate”, in relation to a person, means—
(a) a person who is a nominee or an employee of that person;
(b) a person who manages the affairs of that person or a person whose
affairs are managed by that person;
(c) a firm of which that person, or his or her nominee, is a partner or
a person in charge or in control of its business or affairs;
(d) a company in which that person, or his or her nominee—
(i) is a director or is in charge or in control of its business or
affairs;
(ii) holds a direct or indirect private interest; or
(iii) by reason of his or her financial input through loans,
debentures or otherwise, or by reason of the presence of his or
her representative on the Board of Directors, is in a position
to influence its policy or decisions; or
(e) the trustee of a trust, where—
(i) the trust has been created by that person; or
(ii) the total value of the assets contributed by that person to the
trust at any time, whether before or after the creation of the
trust, amounts, at any time, to not less than 20% of the total
value of the assets of the trust;
“child” means a son or daughter of any age and includes a child born out of
wedlock, an adopted child, a step-child or a child of the family;
“child of the family”, in relation to a person, means—
(a) a child of both the person and his or her spouse; and
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(b) any other child, who has been accepted and treated by both the
person and his or her spouse as a child of their family;
“foreign public official” includes—
(a) a person who holds a legislative, executive, administrative or
judicial position of a foreign state;
(b) a person who performs public duties or functions for a foreign
state, including a person employed by a board, commission,
corporation or other body or authority that is established to
perform a duty or function on behalf of a foreign state, or is
performing such a duty or function; and
(c) an official or agent of a public international organisation that is
formed by 2 or more states or governments, or by 2 or more such
public international organisations;
“foreign state” means a country or territory other than the Virgin Islands and
includes—
(a) a political subdivision of a country or territory;
(b) the government, or a department or branch of the government, of
a country, a territory or a political subdivision of a country or
territory; and
(c) an agency of a country, a territory or a political subdivision of a
country or territory;
“Government company” means a company registered under the BVI Business
Companies Act and in which the Government of the Virgin Islands—
(a) holds a direct or indirect private interest; or
(b) by reason of its financial input through loans, debentures or
otherwise, or by reason of the presence of its representatives on
the Board of Directors, is in a position to influence its policy or
decisions;
“gratification”—
(a) means a gift, reward, discount, premium or other pecuniary or
non-pecuniary advantage, other than lawful remuneration; and
(b) includes—
(i) a loan, fee or commission consisting of money or of any
valuable security or of other property or interest in property
of any description;
(ii) the offer of an office, employment or other contract;
(iii) the payment, release or discharge of a loan, obligation or
other liability;
(iv) the payment of inadequate consideration for property, an
interest in property, goods or services;
(v) an overpayment for property, an interest in property, goods or
services; and
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(vi) the offer or promise, whether conditional or unconditional, of

anything mentioned in paragraph (a) or subparagraphs (i) to
(v);
“principal” includes an employer, a beneficiary under a trust, a person
beneficially interested in the succession of a person, and, in the case of a
person serving in or under a public body, the public body;
“public body” means the Cabinet, the House of Assembly, a Ministry or
Government department, a commission of inquiry, a statutory board, a
statutory corporation or a Government company;
“public official” includes a Minister, a member of the House of Assembly, a
judge of the Supreme Court, a magistrate, a public officer, a member of a
commission of inquiry, a member or employee of a statutory board or a
statutory corporation, a director or employee of a Government company,
an arbitrator, an assessor, a member of a jury or any other person who
performs a public function or provides a public service, whether
appointed or elected, whether permanent or temporary, whether paid or
unpaid and irrespective of that person’s seniority;
“relative”, in relation to a person, means—
(a) a spouse or child of that person;
(b) a brother or sister of that person;
(c) a brother or sister of the spouse of that person; or
(d) a parent, grandparent or grandchild of that person;
“spouse”, in relation to a person, means the husband or wife of that person or a
person of the opposite sex who is living with that person in the
circumstances of husband and wife at the time the act or omission
constituting the offence occurs.
(2) A person commits an offence under this Part where—
(a) the act or omission constituting the offence occurs in or outside
the Virgin Islands; or
(b) the act constituting the offence is done by that person or for him
or her by another person.
(3) Notwithstanding any law to the contrary, the prosecution of a
summary offence under this Part may be commenced at any time before the
expiration of 10 years from the date on which the offence is alleged to have been
committed.
(Substituted by Act 8 of 2006)

Bribery by public official

80. (1) A public official who, directly or indirectly, solicits, accepts or
obtains from another person, for himself, herself or for any other person, a
gratification for—
(a) doing or abstaining from doing, or having done or abstained from
doing, an act in the execution of his or her functions or duties,
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(b) doing or abstaining from doing, or having done or abstained from

doing, an act which is facilitated by his or her functions or duties,
(c) expediting, delaying, hindering or preventing, or having
expedited, delayed, hindered or prevented, the performance of an
act in the execution of his or her functions or duties,
(d) expediting, delaying, hindering or preventing, or having
expedited, delayed, hindered or prevented, the performance of an
act by another public official, in the execution of the latter’s
functions or duties, or
(e) assisting, favouring, hindering or delaying, or having assisted,
favoured, hindered or delayed, another person in the transaction
of a business with a public body,
commits an offence.
(2) A public official who commits an offence under subsection (1) is
liable—
(a) on summary conviction, to imprisonment for a term not exceeding
3 years or to a fine not exceeding $30,000, or both; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding 7 years or to a fine not exceeding $50,000 or 3 times
the value of the gratification, whichever is higher, or both.
(3) Notwithstanding any other law, where in any proceedings against a
person for an offence under subsection (1), it is proved that the public official
directly or indirectly solicited, accepted or obtained a gratification from another
person, for himself, herself or for another person, it shall be presumed, until the
contrary is proved, that the gratification was solicited, accepted or obtained for
any of the purposes set out in subsection (1)(a) to (e).
(Substituted by Act 8 of 2006)

Bribery of public official

81. (1) A person who, directly or indirectly, gives, agrees to give, or offers a
gratification to a public official for—
(a) doing, or for abstaining from doing, or having done or abstained
from doing, an act in the execution of his or her functions or
duties;
(b) doing or abstaining from doing, or for having done or abstained
from doing, an act which is facilitated by his or her functions or
duties;
(c) expediting, delaying, hindering or preventing, or having
expedited, delayed, hindered or prevented, the performance of an
act in the execution of his or her functions or duties;
(d) expediting, delaying, hindering or preventing, or having
expedited, delayed, hindered or prevented, the performance of an
act by another public official in the execution of the latter’s
functions or duties; or
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(e) assisting, favouring, hindering or delaying or having assisted,

favoured, hindered or delayed another person in the transaction of
a business with a public body,
commits an offence.
(2) A person who commits an offence under subsection (1) is—
(a) liable, on summary conviction, to imprisonment for a term not
exceeding 3 years or to a fine not exceeding $30,000, or both;
(b) in the case of an individual, liable on conviction on indictment, to
imprisonment for a term not exceeding 7 years or to a fine not
exceeding $50,000 or 3 times the value of the gratification,
whichever is higher, or both; or
(c) in the case of a body corporate, liable on conviction on
indictment, to a fine not exceeding $250,000 or 3 times the value
of the gratification, whichever is higher.
(3) Notwithstanding any other law, where in proceedings against a person
for an offence under subsection (1), it is proved that the accused directly or
indirectly gave, agreed to give or offered gratification to a public official, it shall
be presumed, until the contrary is proved, that the accused gave, agreed to give
or offered the gratification for any of the purposes set out in subsection (1)(a) to
(e).
(Inserted by Act 8 of 2006)

Taking gratification to screen offender from punishment

82. (1) Subject to subsection (2), a person who, directly or indirectly, accepts
or obtains, or agrees to accept or attempts to obtain a gratification for himself,
herself, or for any other person, in consideration of his or her—
(a) concealing an offence;
(b) screening another person from legal proceedings for an offence;
(c) not proceeding against another person in relation to an alleged
offence; or
(d) abandoning, withdrawing, obtaining or endeavouring to obtain the
withdrawal of a prosecution against another person,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 2 years or on conviction on indictment, to imprisonment for
a term not exceeding 5 years.
(2) This section shall not extend to a lawful compromise as to the civil
interests resulting from the offence or a lawful compromise arising out of
mediation approved by a court or plea bargaining, but such compromise shall not
be a bar to criminal proceedings which may be instituted in respect of the
offence.
(Inserted by Act 8 of 2006)
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Public official using his office for gratification

83. (1) Subject to subsection (3), a public official who, directly or indirectly,
makes use of his or her office or position for a gratification for himself, herself
or another person commits an offence and is liable—
(a) on summary conviction, to imprisonment for a term not exceeding
3 years or to a fine not exceeding $30,000, or both; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding 7 years or to a fine not exceeding $50,000 or 3 times
the value of the gratification, whichever is higher, or both.
(2) For the purposes of subsection (1), a public official shall be presumed,
until the contrary is proved, to have made use of the public official’s office or
position for a gratification where the public official has taken, or directed or
participated in the taking of, a decision or action in relation to any matter in
which the public official or a relative or associate, has a direct or indirect private
interest or where the public official has given advice in such a matter.
(3) This section shall not apply to a public official who—
(a) holds office in a public body as a representative of a body
corporate which holds shares or interests in that public body; and
(b) acts in that capacity in the interest of that body corporate.
(Inserted by Act 8 of 2006)

Bribery of or by public official to influence the decision of a public body

84. (1) A person who, directly or indirectly, gives, or agrees to give, or
offers, to a public official, a gratification for—
(a) voting or abstaining from voting, or having voted or abstained
from voting, at a meeting of a public body of which he or she is a
member, director or employee, in favour of or against any
measure, resolution or question submitted to the public body;
(b) performing or abstaining from performing, or aiding in procuring,
expediting, delaying, hindering or preventing, or having
performed or abstained from performing, or having aided in
procuring, expediting, delaying, hindering or preventing, the
performance of an act of a public body of which he or she is a
member, director or employee; or
(c) aiding in procuring, or preventing, or having aided in procuring or
preventing, the passing of any vote or the granting of any contract
or advantage in favour of any other person,
commits an offence.
(2) A person who commits an offence under subsection (1) is—
(a) liable, on summary conviction, to imprisonment for a term not
exceeding 3 years or to a fine not exceeding $30,000, or both;
(b) in the case of an individual, liable on conviction on indictment, to
imprisonment for a term not exceeding 7 years or to a fine not
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exceeding $50,000 or 3 times the value of the gratification,

whichever is higher, or both; or
(c) in the case of a body corporate, liable on conviction on
indictment, to a fine not exceeding $250,000 or 3 times the value
of the gratification, whichever is higher.
(3) A public official who, directly or indirectly, solicits or accepts a
gratification for—
(a) voting or abstaining from voting, or having voted or abstained
from voting at a meeting of a public body of which he or she is a
member, director or employee, in favour of or against any
measure, resolution or question submitted to the public body;
(b) performing or abstaining from performing, or aiding in procuring,
expediting, delaying, hindering or preventing, the performance of,
an act of a public body of which he or she is a member, director
or employee; or
(c) aiding in procuring or preventing, or having aided in procuring or
preventing, the passing of any vote or the granting of any contract
or advantage in favour of any person,
commits an offence.
(4) A public official who commits an offence under subsection (3) is
liable—
(a) on summary conviction, to imprisonment for a term not exceeding
3 years or to a fine not exceeding $30,000, or both; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding 7 years or to a fine not exceeding $50,000 or 3 times
the value of the gratification, whichever is higher, or both.
(Inserted by Act 8 of 2006)

Bribery of or by foreign public official

85. (1) A person who, in order to obtain or retain business or other undue
advantage in relation to the conduct of international business, directly or
indirectly, gives, or agrees to give, or offers, to a foreign public official, a
gratification for—
(a) doing, or for abstaining from doing, or having done or abstained
from doing, an act in the execution of his or her functions or
duties;
(b) doing or abstaining from doing, or for having done or abstained
from doing, an act which is facilitated by his or her functions or
duties;
(c) expediting, delaying, hindering or preventing, or having
expedited, delayed, hindered or prevented, the performance of an
act in the execution of his or her functions or duties;
(d) expediting, delaying, hindering or preventing, or having
expedited, delayed, hindered or prevented, the performance of an
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act by another foreign public official in the execution of the

latter’s functions or duties;
(e) assisting, favouring, hindering or delaying or having assisted,
favoured, hindered or delayed any person in the transaction of a
business with the foreign state or public international organisation
for which the foreign public official performs duties or functions;
(f) voting or abstaining from voting, or having voted or abstained
from voting, in favour of or against any measure, resolution or
question in the execution of his or her duties or functions;
(g) aiding in procuring, expediting, delaying, hindering or preventing,
or having aided in procuring, expediting, delaying, hindering or
preventing the performance of, an act by or on behalf of the
foreign state or public international organisation for which the
foreign public official performs duties or functions; or
(h) aiding in procuring, or preventing, or having aided in procuring or
preventing, the passing of any vote or the granting of any contract
or advantage by the foreign state or public international
organisation for which the foreign public official performs duties
or functions, in favour of any other person,
commits an offence.
(2) A person who commits an offence under subsection (1) is—
(a) liable, on summary conviction, to imprisonment for a term not
exceeding 3 years or to a fine not exceeding $30,000, or both;
(b) in the case of an individual, liable on conviction on indictment, to
imprisonment for a term not exceeding 7 years or to a fine not
exceeding $50,000 or 3 times the value of the gratification,
whichever is higher, or both; or
(c) in the case of a body corporate, liable on conviction on
indictment, to a fine not exceeding $250,000 or 3 times the value
of the gratification, whichever is higher.
(3) Notwithstanding any other law, where in any proceedings against a
person for an offence under subsection (1), it is proved that the accused gave,
agreed to give or offered gratification, it shall be presumed, until the contrary is
proved, that the accused gave, agreed to give or offered the gratification for any
of the purposes set out in subsection (1)(a) to (h).
(4) A foreign public official who, directly or indirectly—
(a) gives, or agrees to give, or offers, to a public official; or
(b) solicits, accepts or obtains from another person, for himself,
herself or for any other person,
a gratification for—
(i) doing or abstaining from doing, or having done or abstained
from doing, an act in the execution of his or her functions or
duties;
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(ii) doing or abstaining from doing, or having done or abstained

from doing, an act which is facilitated by his or her functions
or duties;
(iii) expediting, delaying, hindering or preventing, or having
expedited, delayed, hindered or prevented, the performance of
an act in the execution of his or her functions or duties;
(iv) expediting, delaying, hindering or preventing, or having
expedited, delayed, hindered or prevented, the performance of
an act by another foreign public official, in the execution of
the latter’s functions or duties;
(v) assisting, favouring, hindering or delaying or having assisted,
favoured, hindered or delayed any person in the transaction of
a business with the foreign state or public international
organisation for which the foreign public official performs
duties or functions;
(vi) voting or abstaining from voting, or having voted or abstained
from voting, in favour of or against any measure, resolution
or question in the execution of his or her duties or functions;
(vii) aiding in procuring, expediting, delaying, hindering or
preventing, or having aided in procuring, expediting,
delaying, hindering or preventing the performance of an act
by, or on behalf of the foreign state or public international
organisation for which the foreign public official performs
duties or functions; or
(viii) aiding in procuring, or preventing, or having aided in
procuring or preventing, the passing of a vote or the granting
of a contract or advantage by the foreign state or public
international organisation for which the foreign public official
performs duties or functions, in favour of any other person,
commits an offence.
(5) A foreign public official who commits an offence under subsection
(4) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding
3 years or to a fine not exceeding $30,000, or both; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding 7 years or to a fine not exceeding $50,000 or 3 times
the value of the gratification, whichever is higher, or both.
(6) Notwithstanding any other law, where in any proceedings against a
person for an offence under subsection (4), it is proved that the foreign public
official directly or indirectly—
(a) gave, or agreed to give, or offered, to a public official; or
(b) solicited, accepted or obtained from another person, for himself,
herself or for any other person,
a gratification, it shall be presumed, until the contrary is proved, that the foreign
public official gave, agreed to give, offered, solicited, accepted or obtained the
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gratification for any of the purposes set out in subsection (4)(a)(i) to (viii) or
subsection (4)(b)(i) to (viii), as the case may be.
(Inserted by Act 8 of 2006)

Influencing public official

86. A person who, directly or indirectly, exercises any form of violence, or
pressure by means of threat, upon a public official, with a view to the
performance, by that public official, of an act in the execution of his or her
functions or duties, or the non-performance, by that public official, of any such
act, commits an offence and is liable—
(a) on summary conviction, to imprisonment for a term not exceeding
5 years or to a fine not exceeding $50,000, or both; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding 10 years or to a fine not exceeding $75,000, or both.
(Substituted by Act 8 of 2006)

Trading in influence
87. (1) A person who, directly or indirectly, gives or agrees to give or offers a
gratification to another person, to cause a public official to use his or her
influence, real or fictitious, to obtain any work, employment, contract or other
benefit from a public body, commits an offence.
(2) A person who, directly or indirectly, gives or agrees to give or offers a
gratification to another person to use his or her influence, real or fictitious, to
obtain work, employment, contract or other benefit from a public body, commits
an offence.
(3) A person who, directly or indirectly, gives or agrees to give or offers a
gratification to a public official to cause that public official to use his or her
influence, real or fictitious, to obtain work, employment, contract or other
benefit from a public body, commits an offence.
(4) A person who, directly or indirectly, solicits, accepts or obtains a
gratification from any other person for himself, herself, or for any other person
in order to make use of his or her influence, real or fictitious, to obtain any work,
employment, contract or other benefit from a public body, commits an offence.
(5) A public official who, directly or indirectly, solicits, accepts or
obtains a gratification from any other person for himself, herself or for any other
person in order to make use of his or her influence, real or fictitious, to obtain
any work, employment, contract or other benefit from a public body, commits an
offence.
(6) A person who commits an offence under this section is—
(a) liable, on summary conviction, to imprisonment for a term not
exceeding 3 years or to a fine not exceeding $30,000, or both;
(b) in the case of an individual, liable on conviction on indictment, to
imprisonment for a term not exceeding 7 years or to a fine not
exceeding $50,000 or 3 times the value of the gratification,
whichever is higher, or both; or
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(c) in the case of a body corporate, liable on conviction on

indictment, to a fine not exceeding $250,000 or 3 times the value
of the gratification, whichever is higher.
(Inserted by Act 8 of 2006)

Public official taking gratification

88. (1) A public official who, directly or indirectly, accepts or receives a
gratification, for himself, herself or for any other person—
(a) for doing or having done an act which he or she alleges, or
induces any person to believe, he or she is empowered to do in
the exercise of his or her functions or duties, although as a fact
such act does not form part of his or her functions or duties; or
(b) for abstaining from doing or having abstained from doing an act
which he or she alleges, or induces any person to believe, he or
she is empowered not to do or bound to do in the ordinary course
of his or her function or duty, although as a fact such act does not
form part of his or her functions or duties,
commits an offence.
(2) A public official who commits an offence under subsection (1) is
liable—
(a) on summary conviction, to imprisonment for a term not exceeding
3 years or to a fine not exceeding $30,000, or both;
(b) on conviction on indictment, to imprisonment for a term not
exceeding 7 years or to a fine not exceeding $50,000 or 3 times
the value of the gratification, whichever is higher, or both.
(Inserted by Act 8 of 2006)

Bribery for procuring contracts

89. (1) A person who, directly or indirectly, gives or agrees to give or offers a
gratification to a public official in consideration of that public official giving
assistance or using influence in—
(a) promoting, executing, or procuring a contract with a public body
for the performance of work, the supply of a service, or the
procurement of supplies;
(b) the payment of the price provided for in a contract with a public
body; or
(c) obtaining for that person or for any other person, an advantage
under a contract for work or procurement,
commits an offence.
(2) Where a public official, directly or indirectly, solicits, accepts or
obtains from a person, for himself, herself, or for any other person (“a third
party”), a gratification for giving assistance or using influence in—
(a) promoting, executing, or procuring a contract with a public body
for the performance of work, the supply of a service, or the
procurement of supplies;
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(b) the payment of the price provided for in a contract with a public
body; or
(c) obtaining for that person or for any other person, an advantage
under a contract for work or procurement,
the public official commits an offence and, if the third party, directly or
indirectly, accepts, obtains or benefits from the gratification or part thereof
knowing that the gratification was solicited, accepted or obtained by a public
official in contravention of this subsection, the third party also commits an
offence.
(3) A person who commits an offence under subsection (1) or (2) is—
(a) liable, on summary conviction, to imprisonment for a term not
exceeding 3 years or to a fine not exceeding $30,000, or both;
(b) in the case of an individual, liable on conviction on indictment, to
imprisonment for a term not exceeding 7 years or to a fine not
exceeding $50,000 or 3 times the value of the gratification,
whichever is higher, or both; or
(c) in the case of a body corporate, liable on conviction on
indictment, to a fine not exceeding $250,000 or 3 times the value
of the gratification, whichever is higher.
(4) Where a person is convicted of an offence under this section, the court
may, in addition to any penalty imposed on him or her, make an order
prohibiting that person, or any body corporate of which he or she is a director,
shareholder or member, from applying for or obtaining a contract from a public
body for a period not exceeding 7 years.
(5) Notwithstanding any other law, where in proceedings against a person
for an offence under subsection (1), it is proved that the accused directly or
indirectly gave, agreed to give or offered gratification to a public official, it shall
be presumed, until the contrary is proved, that the accused gave, agreed to give
or offered the gratification for any of the purposes set out in subsection (1)(a) to
(c).
(6) Notwithstanding any other law, where in proceedings against a person
for an offence under subsection (2), it is proved that the public official directly or
indirectly solicited, accepted or obtained from a person a gratification for
himself, herself or a third party, it shall be presumed, until the contrary is proved,
that the gratification was solicited, accepted or obtained for any of the purposes
set out in subsection (2)(a) to (c).
(7) Notwithstanding any other law, where in proceedings against a person
for an offence under subsection (2), it is proved that a third party directly or
indirectly accepted, obtained or benefitted from the gratification or part thereof,
it shall be presumed, until the contrary is proved, that the third party accepted,
obtained or benefitted from the gratification or part thereof knowing that the
gratification was solicited, accepted or obtained by a public official in
contravention of subsection (2).
(Inserted by Act 8 of 2006)
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Conflict of interests
90. (1) Where—
(a) a public body in which a public official is a member, director,
manager or other senior officer proposes to deal with a company,
partnership or other undertaking in which the public official or his
or her relative or associate has a direct or indirect private interest;
and
(b) the public official or his or her relative or his or her associate
holds more than 10 per cent of the total issued share capital or of
the total equity participation in the company, partnership or other
undertaking, the public official shall forthwith disclose, in
writing, to the public body the nature of such interest.
(2) Where, in relation to subsection (1), a public official or his or her
relative or associate has a direct or indirect private interest in a decision which a
public body is to take, the public official shall not vote or take part in any
proceedings of the public body relating to such decision.
(3) A public official who knowingly contravenes subsection (1) or (2)
commits an offence and is liable—
(a) on summary conviction, to imprisonment for a term not exceeding
2 years or to a fine not exceeding $10,000, or both; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding 5 years or to a fine not exceeding $25,000, or both.
(4) For the purposes of this section in relation to the relative of a public
official, proof by the public official that he or she did not know the interest of the
relative is a defence.
(Inserted by Act 8 of 2006)

Treating of public official

91. A person who, while having dealings with a public body, directly or
indirectly, offers a gratification to a public official who is a member, director or
employee of the public body commits an offence and is liable—
(a) on summary conviction, to imprisonment for a term not exceeding
2 years or to a fine not exceeding $10,000, or both; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding 5 years or to a fine not exceeding $25,000, or both.
(Inserted by Act 8 of 2006)

Receiving gift for a corrupt purpose

92. (1) A public official who, directly or indirectly, solicits, accepts or
obtains a gratification for himself, herself or for any other person—
(a) from a person, whom he or she knows is, have been, or is likely to
be, concerned in proceeding or business transacted or about to be
transacted by him or her, or having a connection with his or her
functions or those of a public official to whom he or she is
subordinate or of whom he or she is the superior; or
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(b) from a person whom he or she knows to be interested in or related

to the person so concerned,
commits an offence.
(2) A person who commits an offence under subsection (1) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding
3 years or to a fine not exceeding $30,000, or both; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding 7 years or to a fine not exceeding $50,000 or 3 times
the value of the gratification, whichever is higher, or both.
(Inserted by Act 8 of 2006)

Frauds and breaches of trust by public officials

93. A public official who, in the discharge of his or her duties, commits a
fraud or breach of trust affecting the public, whether such fraud or breach of trust
would have been criminal or not if committed against a private person, commits
an offence and is liable—
(a) on summary conviction to imprisonment for a term not exceeding
3 years; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 7 years.
(Inserted by Act 8 of 2006)

Illicit enrichment
94. (1) The Commissioner of Police, or a member of the Police Force of or
above the rank of Inspector authorised by the Commissioner of Police in writing,
may, subject to an order issued on an ex parte application to the High Court,
investigate a public official where there are reasonable grounds to suspect that
there has been a significant increase in the assets of the public official that the
public official cannot reasonably explain in relation to his or her lawful income
or assets.
(2) Where a public official fails to give a satisfactory explanation for the
significant increase in his or her assets to the person conducting an investigation
under subsection (1), the significant increase in his or her assets shall be deemed
to be illicit enrichment for the purposes of this section and the public official
commits an offence and is liable on conviction on indictment to imprisonment
for a term not exceeding 7 years or to a fine not exceeding $50,000 or 3 times the
value of the significant increase, whichever is higher, or both.
(3) Where a court is satisfied in proceedings for an offence under
subsection (2), having regard to the closeness of the relationship of the accused
to any other person and to other relevant circumstances, that there is reason to
believe that the other person—
(a) is, or was holding assets in trust for, or otherwise on behalf of the
accused;
(b) acquired the assets as a gift or loan without adequate
consideration from the accused,
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the assets shall, until the contrary is proved, be deemed to be the assets of the
accused.
(Inserted by Act 8 of 2006)

Corruption of agent
95. (1) An agent who, directly or indirectly, corruptly solicits, accepts or
obtains from any other person for himself, herself or for any other person, a
gratification for doing or abstaining from doing an act in the execution of his or
her functions or duties or in relation to his or her principal’s affairs or business,
or for having done or abstained from doing such act, commits an offence and is
liable—
(a) on summary conviction, to imprisonment for a term not exceeding
3 years or to a fine not exceeding $30,000, or both; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding 7 years or to a fine not exceeding $50,000 or 3 times
the value of the gratification, whichever is higher, or both.
(2) A person who, directly or indirectly, gives or agrees to give or offers,
a gratification to an agent for doing or abstaining from doing an act in the
execution of his or her functions or duties or in relation to his or her principal’s
affairs or business or for having done or abstained from doing such act, commits
an offence and is liable—
(a) on summary conviction, to imprisonment for a term not exceeding
3 years or to a fine not exceeding $30,000, or both; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding 7 years or to a fine not exceeding $50,000 or 3 times
the value of the gratification, whichever is higher, or both.
(3) No proceedings for an offence under this section shall be instituted
except by or with the consent of the Attorney General.
(Inserted by Act 8 of 2006)

Public officials charged with special duties

96. A public official who—
(a) being charged by virtue of his or her employment with judicial or
administrative duties respecting property of a special character, or
respecting the carrying on of any manufacture, trade or business
of a special character; and
(b) having acquired or holding, directly or indirectly, a private
interest in such property, manufacture, trade or business,
discharges duties with respect to that property, manufacture, trade, or business or
with respect to the conduct of any person in relation thereto, commits an offence
and is liable on summary conviction to imprisonment for a term not exceeding
one year. (Amended by Act 8 of 2006)
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False claims by Public officials

97. A public official who—
(a) being employed in a capacity which requires or enables him or
her to furnish returns or statements concerning a sum payable or
claimed to be payable to himself or herself or to any other person;
or
(b) concerning any other matter required to be certified for the
purpose of paying money or delivering goods to any person,
makes a return or statement in relation to such matter which is, to
his or her knowledge, false in any material particular,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 2 years. (Amended by Act 8 of 2006)

Abuse of office
98. (1) A public official who, in abuse of the authority of his or her office,
does or directs to be done any arbitrary act prejudicial to the rights of another,
commits an offence and is liable—
(a) on summary conviction to imprisonment for a term not exceeding
3 years; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 7 years.
(2) If the act referred to in subsection (1) is done or directed to be done
for purposes of gain, the public official commits an offence and is liable—
(a) on summary conviction to imprisonment for a term not exceeding
3 years; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 7 years.
(Amended by Act 8 of 2006)

False certificate by public officials

99. A public official, who, being authorised or required by law to give a
certificate which is, to his or her knowledge, false in any material particular,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 2 years. (Amended by Act 8 of 2006)

Unauthorised administration of oaths

100. A person who administers an oath, or takes a solemn declaration or
affidavit concerning any matter with respect to which he or she has not by law
any authority so to do, commits an offence and is liable on summary conviction
to imprisonment for a term not exceeding one year. (Amended by Act 8 of 2006)
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False assumption of authority

101. A person commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 2 years, if he or she—
(a) not being a judicial officer, assumes to act as such; or
(b) falsely represents himself or herself to be a person authorised by
law to sign a document testifying to the contents of any register or
record kept by a lawful authority, or testifying to any fact or event
and signs such documents as being so authorised.
(Amended by Act 8 of 2006)

Personating public officials

102. A person commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 3 years, if he or she—
(a) personates a public officials on an occasion when the latter is
required to do any act or attend in any place by virtue of his or her
employment; or
(b) falsely represents himself or herself to be a public official and
assumes to do an act or attend in any place for the purpose of
doing any act by virtue of such employment.
(Amended by Act 8 of 2006)

Threat of injury to public officials

103. A person who threatens to injure a public official, or any person in whom
he or she believes that public official is interested, for the purpose of inducing
the public official to do an act, to refrain from or delay doing an act connected
with the exercise of the public official’s public functions, commits an offence
and is liable on summary conviction to imprisonment for a term not exceeding 3
years. (Amended by Act 8 of 2006)

PART V
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

Deceiving witness
104. Any person who practises fraud or deceit, or knowingly makes or exhibits
a false statement or representation to a person called, or to be called as a witness
in any judicial proceeding, with intent to affect the testimony of the person as a
witness, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 2 years. (Amended by Act 8 of 2006)

Destroying evidence
105. Any person who, knowing that a book, document or thing of any kind
whatsoever is or may be required in evidence in a judicial proceeding, wilfully
removes or destroys it or renders it illegible or undecipherable or incapable of
identification, with intent to prevent it from being used in evidence, commits an
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offence and is liable on summary conviction to imprisonment for a term not

exceeding 2 years. (Amended by Act 8 of 2006)

False swearing
106. Any person who swears falsely or makes a false affirmation or declaration
before a person authorised to administer an oath or take a declaration upon a
matter of public concern or private legal rights under such circumstances that the
false swearing or declaration, if committed in a judicial proceeding would have
amounted to perjury, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 2 years. (Amended by Act 8 of 2006)

Perverting the course of justice

107. A person commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 5 years, if he or she—
(a) does anything to obstruct, prevent, pervert or defeat the course of
justice or falsely accuses any person of an offence; (Substituted by
Act 7 of 2002)
(b) in order to obstruct the due course of justice, dissuades, hinders or
prevents any person lawfully bound to appear and give evidence
as a witness from so appearing and giving evidence, or
endeavours so to do; or
(c) obstructs or in any way interferes with or knowingly prevents the
execution of any legal process, civil or criminal.

Unlawful disclosure of identity of informer

108. (1) Subject to subsection (3), a law enforcement officer or any other
person who discloses to another person other than a person mentioned in
subsection (4)—
(a) the name, or a description, of a person who has, or whom he or
she believes has provided information to a law enforcement
agency in connection with the commission or investigation of any
criminal offence; or
(b) the fact, or his or her belief, that a person has provided
information to a law enforcement agency in connection with the
commission or investigation of any criminal offence,
commits an offence.
(2) A person who commits an offence under subsection (1) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding
3 years or to a fine not exceeding $10,000, or both; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding 5 years or to a fine not exceeding $25,000, or both.
(3) Subsection (1) does not apply to the disclosure of information in court
proceedings or, where necessary, for the purposes of such proceedings.
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(4) For the purposes of subsection (1), the persons referred to in that
section are the Governor, the Chief Minister, the Deputy Chief Minister, the
Deputy Governor and a law enforcement officer.
(5) For the purposes of this section, “law enforcement officer” means a
member of the Royal Virgin Islands Police Force, the Attorney General, the
Director of Public Prosecutions or any other prosecutor, an officer or official of
the Financial Investigation Agency, or a public officer employed in the Customs
Department, Immigration Department or Prison Department, and “law
enforcement agency” shall be construed accordingly.
(Inserted by Act 8 of 2006)

Offences relating to judicial proceedings

109. (1) A person commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 2 years, if he or she—
(a) within the premises in which any judicial proceeding is being
held, or within the precincts of the same, shows disrespect, in
speech or manner, to or with reference to such proceedings, or
any person before whom such proceeding is being held;
(b) having been summoned to give evidence in a judicial proceeding,
fails to attend;
(c) being present at a judicial proceeding and being called upon to
give evidence, refuses to be sworn or to make an affirmation;
(d) having been sworn or affirmed, refuses without lawful excuse to
answer a question or to produce a document which it is within his
or her power to produce;
(e) having attended a judicial proceeding to give evidence, remains in
the room in which the proceeding is being held after the witnesses
have been ordered to leave the room;
(f) causes an obstruction or disturbance in the course of a judicial
proceeding;
(g) while a judicial proceeding is pending, makes use of any speech
or writing misrepresenting such proceeding or capable of
prejudicing any person in favour of or against any parties to such
proceeding, or calculated to lower the authority of any person
before whom the proceeding is to be held;
(h) publishes a report of the evidence taken in any judicial proceeding
which has been directed to be held in private;
(i) attempts wrongfully to interfere with or influence a witness in any
judicial proceeding, either before or after he or she has given
evidence;
(j) dismisses any employee because he or she has given evidence on
behalf of a certain party to a judicial proceeding;
(k) wrongfully retakes possession of land from any person to whom
possession has been awarded by writ or order of a court; or
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(l) commits any other act or intentional disrespect to any court or

judicial proceeding or to any person before whom the proceeding
is being held.
(Amended by Act 8 of 2006)
(2) When any offence against subsection (1)(a), (c), (d), (e), (f), (g) or (l)
of is committed in view of the court, the court may cause the offender to be
detained in custody, and at any time before the rising of the court on the same
day, may take cognizance of the offence and summarily sentence the offender to
a fine not exceeding $200 or to imprisonment for a term not exceeding one
month.
(3) The provisions of this section shall be deemed to be in addition to and
not in derogation of the powers conferred by the Contempt of Court Act, the
Magistrate’s Code of Procedure Act, and any other powers of the High Court or
the Court of Appeal to punish for contempt of court.

Perjury
110. (1) A person lawfully sworn as a witness, or as an interpreter in a judicial
proceeding who wilfully makes a statement, material in that proceeding, which
he or she knows to be false or does not believe to be true, commits an offence
and is liable on conviction on indictment to imprisonment for a term not
exceeding 7 years. (Amended by Act 8 of 2006)
(2) Where a statement made for the purpose of a judicial proceeding is
not made before the court or tribunal itself but is made on oath before a person
authorised by law to administer an oath to the person who makes the statement
and to record or authenticate the statement, it shall, for the purpose of this
section, be treated as having been made in a judicial proceeding.
(3) For the purpose of this section, it is immaterial whether—
(a) the person making the statement is or is not competent to be a
witness and whether or not his or her evidence is admissible; and
(b) the false testimony is given orally or in writing.
(4) The question whether a statement, in respect of which a charge of
perjury is made was material is a question of law to be determined by the court
of trial.
(5) A person shall not be liable to be convicted of an offence under this
section, or of an offence declared by any law to be perjury or subornation of
perjury, solely upon the evidence of one witness as to the falsity of a statement
alleged to be false.
(6) For the purpose of this section, proceedings before a statutory body or
tribunal which is empowered to take evidence on oath shall be deemed to be
judicial proceedings.

Subordination of perjury
111. A person who aids, abets, counsels, procures or suborns another person to
commit an offence under this Part commits an offence and is liable on conviction
on indictment to imprisonment for a term not exceeding 7 years. (Amended by
Act 8 of 2006)
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Fabrication of evidence
112. (1) A person who, with intent to mislead a court, fabricates evidence or
knowingly makes use of fabricated evidence, to defeat, obstruct or pervert the
course of justice in any judicial proceeding, commits an offence and is liable on
conviction on indictment to imprisonment for a term not exceeding 7 years.
(Amended by Act 8 of 2006)
(2) A person fabricates evidence if he or she causes circumstances to
exist, or makes a false entry in a book, account or record or makes a document
containing a false statement, or makes up a false story in any form whatsoever,
or forges a document with intent to mislead judicial proceedings.
(3) For the purpose of this section and sections 113 and 114 “court”
includes a tribunal, commission of inquiry and any person authorised to take
evidence on oath.

Contradictory statements by witnesses

113. (1) Subject to subsection (2), where 2 or more inconsistent or
contradictory statements of fact or alleged fact, material to the issue or matter in
question, have been wilfully made on oath by the same witness in judicial
proceedings, whether or not before the same court, that witness commits an
offence and is liable on summary conviction to imprisonment for a term not
exceeding one year. (Amended by Act 8 of 2006)
(2) A person shall not be convicted of an offence under this section unless
the court is satisfied that the statements, or either of them, were or was made
with the intent to deceive the court, before which the statements or either of them
were or was made.
(3) Upon the trial of a person for an offence under this section, it shall not
be necessary to prove the falsity of either of the inconsistent or contradictory
statements, but upon proof that both the statements were made by the accused,
and being satisfied that the accused had the intent referred to in subsection (2)
the court may convict the accused.
(4) At the trial of a person for an offence under this section, the record of
a court containing a statement made on oath by the person charged shall be
prima facie evidence of such statement.

Evidence in trial for perjury

114. On the trial of a person for—
(a) perjury; or
(b) procuring or suborning the commission of perjury,
the fact of a former trial before the court shall be sufficiently proved by the
production of a certificate containing the substance and effect (omitting the
formal parts) of the proceedings at the former trial purporting to be signed by the
Registrar or other person having custody of the records of the court without
proof of the signature or official status of the person appearing to have signed the
certificate.
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Form of oath etc., not material

115. For the purposes of this Part, the form and ceremonies used in
administering an oath are immaterial if the court or person before whom the oath
is taken has power to administer an oath for the purpose of verifying the
statement in question and if the oath has been administered in a form and with
the ceremonies which the person taking the oath has accepted without objection
or has declared to be binding on him or her.

Compounding of offences
116. A person who asks, receives or obtains, or agrees or attempts to receive or
obtain, property or benefit of any kind for himself, herself or any other person
upon any agreement or understanding that he or she will—
(a) compound or conceal an offence;
(b) abstain from, discontinue or delay a prosecution for an offence; or
(c) withhold evidence thereof,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 2 years. (Amended by Act 8 of 2006)

Advertisements for stolen property

117. A person who—
(a) publicly offers a reward for the return of property which has been
stolen or lost, and in the offer makes use of words purporting that
no question will be asked, or that the person producing such
property will not be seised or molested;
(b) publicly offers to return to any person who may have bought or
advanced money by way of loan upon stolen or lost property, the
money so paid or advanced, or any other sum of money or reward
for the return of the property; or
(c) prints or publishes an offer referred to under paragraph (a) or (b),
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding one year or to a fine not exceeding $1,000, or both. (Amended
by Act 8 of 2006)

Rescue
118. (1) Subject to subsection (2), any person who, by force, rescues or
attempts to rescue from lawful custody a person—
(a) who is under sentence of imprisonment for life or charged with an
offence punishable with imprisonment for life, commits an
offence and is liable on conviction on indictment to imprisonment
for life;
(b) who is imprisoned on a charge or under sentence for an offence
other than those specified in paragraph (a), commits an offence
and is liable on conviction on indictment to imprisonment for a
term not exceeding 7 years; or
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(c) in any other case, commits an offence and is liable on conviction

on indictment to imprisonment for a term not exceeding 2 years.
(Amended by Act 8 of 2006)
(2) If the person rescued is in the custody of a private person, the offender
must have been aware of the fact that the person rescued is in lawful custody.

Escape
119. A person who, being in lawful custody, escapes from such custody,
commits an offence and is liable—
(a) on summary conviction to imprisonment for a term not exceeding
3 years; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 7 years.
(Amended by Act 8 of 2006)

Permitting prisoner to escape

120. A person who, having another person in his or her custody, intentionally
or negligently permits that person to escape, commits an offence and is liable—
(a) on summary conviction to imprisonment for a term not exceeding
3 years; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 7 years.
(Amended by Act 8 of 2006)

Aiding prisoner to escape and harbouring a prisoner

121. (1) A person commits an offence and is liable on conviction on
indictment to imprisonment for a term not exceeding 7 years, if he or she—
(a) aids a prisoner is escaping or attempting to escape from lawful
custody; or
(b) conveys anything or causes anything to be conveyed into a prison
with intent to facilitate the escape of a prisoner.
(2) A person who harbours or assists in any manner another person in
harbouring a prisoner who has escaped from lawful custody, commits an offence
and is liable on conviction on indictment to imprisonment for a term not
exceeding 14 years.
(Amended by Act 8 of 2006)

Removal, etc. of property under lawful seizure

122. A person who, when any property has been attached or taken under the
process or authority of a court, knowingly and with intent to hinder or defeat the
attachment process receives, removes, retains, conceals or disposes of such
property, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 3 years. (Amended by Act 8 of 2006)
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Obstructing court officers

123. A person who wilfully obstructs or resists anyone lawfully charged with
the execution of an order or warrant of a court, commits an offence and is liable
on summary conviction to imprisonment for a term not exceeding 2 years.
(Amended by Act 8 of 2006)

False information to person employed in public service

124. A person who gives to any person employed in the public service
information in the truth of which he or she does not believe, intending thereby to
cause, or knowing it to be likely that he or she will thereby cause the person
employed in the public service—
(a) to do or omit anything which the person employed in the public
service ought not to do or omit if the true state of facts respecting
which the information is given were known to him or her; or
(b) to use the lawful power of the person employed in the public
service to the injury or annoyance of another person,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 3 years or to a fine not exceeding $3,000, or both. (Amended
by Act 8 of 2006)

PART VI
OFFENCES RELATING TO RELIGION

Insulting any religion

125. A person who destroys, damages or defiles a place of worship or an object
which is held sacred by a group or class of persons with the intention thereby of
insulting the religion of those persons or with the knowledge that a group or
class of persons is likely to consider such destruction, damage or defilement as
an insult to their religion, commits an offence and is liable on summary
conviction to imprisonment for a term not exceeding 2 years or to a fine not
exceeding $2,000, or both. (Amended by Act 8 of 2006)

Disturbing religious assembly

126. A person who voluntarily causes disturbance to an assembly lawfully
engaged in the performance of religious worship or ceremony, commits an
offence and is liable on summary conviction to imprisonment for a term not
exceeding 2 years or to a fine not exceeding $2,000, or both. (Amended by Act 8
of 2006)

Writing or uttering words, etc., with intent to wound religious feelings

127. A person who, with the intention of wounding the religious feelings of
another person, writes or utters a word, makes a sound in the hearing of another
person, makes a gesture or places an object in the sight of another person,
commits an offence and is liable on summary conviction to imprisonment for a
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term not exceeding one year or to a fine not exceeding $1,000, or both. (Amended
by Act 8 of 2006)

Hindering burial, etc.

128. A person who unlawfully hinders the burial of the dead body of any
person, or, without lawful authority in that behalf, disinters, dissects or harms the
dead body of any person, or being under a duty to cause the dead body of any
person to be buried, fails to perform such duty, commits an offence and is liable
on summary conviction to imprisonment for a term not exceeding 2 years or to a
fine not exceeding $2,000, or both. (Amended by Act 8 of 2006)

Trespassing on burial place

129. (1) A person who—
(a) with the intention of wounding the feelings of another person;
(b) insulting the religion of another person;
(c) with the knowledge that the feelings of another person are likely
to be wounded, that another person is likely to be wounded or that
another person is likely to consider that his or her religion has
been insulted thereby,
trespasses in any place of worship or of sculpture, or which is set apart for the
performance of funeral rites or for the burial or depository of the remains of the
dead, or who offers any indignity to a human corpse or disturbs persons
assembled for a funeral ceremony commits an offence and is liable on summary
conviction to imprisonment for a term not exceeding 2 years or to a fine not
exceeding $2,000, or both. (Amended by Act 8 of 2006)
(2) A person who wilfully removes, damages or interferes with flowers,
candles, wreaths, tombstones or any other thing placed on, or near a grave, in
memory or respect of, or as a tribute to the dead, commits an offence and is
liable on summary conviction to imprisonment for a term not exceeding 2 years
or to a fine not exceeding $2,000, or both. (Amended by Act 8 of 2006)
(3) For the purposes of this section, any flowers, candles, wreaths,
tombstones or other thing placed on or near a grave shall, until the contrary is
proved, be deemed to have been so placed in memory, respect of or as a tribute
to the dead.

PART VII
SEXUAL OFFENCES

Definitions
130. (1) For the purposes of this Part—
“brothel” means a house, room or any other place resorted to by more than one
prostitute for the purposes of prostitution, and the fact that one of the
women is the owner or tenant and the occupier of the premises is
immaterial;
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“man” includes a boy;

“woman” includes a girl; and
“unlawful sexual intercourse” means sexual intercourse outside of the bond of
marriage.
(2) Where upon the trial of an offence under this Part it is necessary to
prove intercourse (whether natural or unnatural) it shall not be necessary to
prove the completion of intercourse by the emission of seed, but the intercourse
shall be deemed to be complete upon proof of penetration only.

Rape
131. (1) A man who rapes a woman commits an offence and is liable on
conviction on indictment to imprisonment for life. (Amended by Act 8 of 2006)
(2) A man commits rape if—
(a) he has unlawful sexual intercourse with a woman who at the time
of intercourse did not consent to it; and
(b) at that time he knows that she does not consent to the intercourse
or he is reckless as to whether she consents to it.
(3) If at a trial for a rape offence the jury has to consider whether a man
believed that a woman was consenting to sexual intercourse, the presence or
absence of reasonable grounds for such belief is a matter to which the jury is to
have regard, in conjunction with any other relevant matters in considering
whether he so believed.
(4) In subsection (3) a “rape offence” means rape or attempted rape, or
aiding, abetting, counselling or procuring rape or attempted rape, or incitement
to rape.
(5) For the purposes of this section, a woman is deemed not to have
consented to sexual intercourse if her acquiescence is obtained by threat of force
or use of force, or by means of threats or intimidation of any kind, or by fear of
bodily harm, or by means of false representations as to the nature of the act or, in
the case of a married woman, by personating her husband.
(6) On a trial for rape, the jury may find the accused guilty of—
(a) sexual intercourse with a girl under the age of 13 years, under
section 132;
(b) sexual intercourse with a girl under the age of 16 years, under
section 133;
(c) indecent assault on a woman, under section 138;
(d) procurement of a woman by threats, under section 143;
(e) procurement of a woman by false pretences, under section 144;
(f) administering drugs to obtain or facilitate intercourse, under
section 145; or
(g) common assault, under section 195.
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Sexual intercourse with girl of or under age of 13

132. (1) A man who has sexual intercourse with a girl of or under the age of
thirteen years, commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 14 years. (Amended by Act 8 of 2006)
(2) It is immaterial in the case of a charge for an offence under this
section that the intercourse was had with the consent of the girl concerned.
(Amended by Act 7 of 2002)

Unlawful sexual intercourse with girl under age of 16

133. (1) Subject to the provisions of this section, a man who has unlawful
sexual intercourse with a girl above the age of 13 years and under the age of 16
years, commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 7 years. (Amended by Act 8 of 2006)
(2) It is immaterial in the case of a charge for an offence under this
section that the intercourse was had with the consent of the girl concerned.
(3) Where a marriage is void under section 24A of the Marriage Act
because the wife is under the age of 16 years, the invalidity of the marriage does
not make the husband guilty of an offence under this section because he had
sexual intercourse with her, if at the time he believed her to be his wife and had
reasonable cause for that belief.
(4) A man shall not be convicted of an offence under this section because
he has unlawful sexual intercourse with a girl under the age of 16 years if he is
under the age of 21 years, and has not previously been charged with a like
offence, and he believes her to be of the age of 16 years or over and has
reasonable cause for the belief.

Unlawful sexual intercourse with defective

134. (1) Subject to the provisions of this section, a man who has unlawful
sexual intercourse with a woman who is a mental defective, commits an offence
and is liable on conviction on indictment to imprisonment for a term not
exceeding 7 years. (Amended by Act 8 of 2006)
(2) A man shall not be convicted of an offence under this section if he did
not know and had no reason to suspect that the woman was a mental defective.
(3) For the purpose of this section it is immaterial that the unlawful
sexual intercourse was had with consent.
(4) In this section, “a mental defective” means a woman who has been
ordered to be detained under the provisions of the Mental Health Act or who is
shown by the evidence of 2 medical practitioners to be suffering from mental
disorder, psychopathic disorder or subnormality.

Sexual assault by husband in certain circumstances

135. (1) A husband commits the offence of sexual assault if he has sexual
intercourse with his wife without her consent by force or fear where there is in
existence in relation to them—
(a) a decree nisi of divorce;
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(b) a decree of judicial separation;

(c) a separation agreement;
(d) a protection order made under the Domestic Violence Act; or
(e) any other order for the husband not to molest his wife or have
sexual intercourse with her.
(2) A husband who commits the offence of sexual assault is liable on
conviction on indictment to imprisonment for a term not exceeding 10 years.
(Amended by Act 8 of 2006)
(3) No proceedings for an offence under this section shall be instituted
except by or with the consent of the Director of Public Prosecutions.

Incest by a man
136. (1) A man who has sexual intercourse with a woman whom he knows to
be his grand-daughter, daughter, step-daughter, sister or mother, commits an
offence and is liable on conviction on indictment to imprisonment for a term not
exceeding 10 years. (Amended by Act 8 of 2006)
(2) In subsection (1), “sister” includes half-sister, and for the purpose of
that subsection any expression importing a relationship between 2 people shall
be taken to apply notwithstanding that the relationship is not traced through
lawful wedlock.
(3) It is immaterial in the case of a charge for an offence under this
section that the intercourse was had with the consent of the woman concerned.

Incest by a woman
137. (1) A woman of the age of 16 years or over who permits a man whom she
knows to be her grand-father, father, brother, son or step-son to have sexual
intercourse with her, with her consent commits an offence and is liable on
conviction on indictment to imprisonment for a term not exceeding 10 years.
(Amended by Act 8 of 2006)
(2) In subsection (1), “brother” includes half-brother, and for the
purposes of that subsection any expression importing a relationship between 2
people shall apply notwithstanding that the relationship is not traced through
lawful wedlock.

Indecent assault
138. (1) Subject to the provisions of this section, a person who makes an
indecent assault on another person commits an offence and is liable—
(a) on summary conviction to imprisonment for a term not exceeding
5 years; (Substituted by Act 8 of 2006)
(b) on conviction on indictment, if on a person of or under the age of
13 years, to imprisonment for a term not exceeding 10 years; or
(Substituted by Act 8 of 2006)
(c) on conviction on indictment, in any other case, to imprisonment
for a term not exceeding 7 years. (Substituted by Act 8 of 2006)
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(2) A person under the age of 16 years cannot in law give consent which
would prevent an act being an assault for the purpose of this section.
(3) Where a marriage is invalid under section 24A of the Marriage
Ordinance because the wife is under the age of 16 years, the invalidity of the
marriage does not make the husband guilty of an offence under this section by
reason of her incapacity to consent while under that age, if he believes her to be
his wife and has reasonable cause for the belief.
(4) A person who is a lunatic, or a mental defective who is receiving
treatment for mental or psychopathic disorder, cannot in law give consent which
would prevent an act being an assault for the purposes of this section, but a
person is only to be treated as guilty of an indecent assault under this section by
reason of such incapacity to consent, if he or she knew or had reason to know
that the person was a lunatic or mental defective receiving treatment.
(Substituted by Act 7 of 2002)

Indecency with a child

139. A person who commits an act of gross indecency with or towards a child
under the age of 14 years or who incites a child under that age to such an act
with him, her or another, commits an offence and is liable on summary
conviction to imprisonment for a term not exceeding 5 years. (Amended by Acts 7
of 2002 and 8 of 2006)

Permitting girl under 16 to use premises for sexual intercourse

140. A person who is the owner or occupier of premises or who has, or acts or
assists in, the management or control of premises and who induces or knowingly
allows a girl under the age of 16 years to resort to or be on those premises for the
purpose of having sexual intercourse with men or with a particular man, commits
an offence and is liable on conviction on indictment to imprisonment for life.
(Amended by Act 8 of 2006)

Causing or encouraging prostitution, etc. of girl under 16

141. (1) A person who causes or encourages the prostitution of, or the
commission of sexual intercourse with, or an indecent assault on, a girl under the
age of 16 years for whom he or she is responsible, commits an offence and is
liable on conviction on indictment to imprisonment for a term not exceeding
5 years. (Amended by Act 8 of 2006)
(2) Where a girl has become a prostitute, or has had sexual intercourse or
has been indecently assaulted, a person shall be deemed for the purposes of this
section to have caused or encouraged it if he or she knowingly allows the girl to
consort with, or to enter or continue in the employment of, a prostitute or person
of known immoral character.
(3) Subject to subsection (4), the persons who are to be treated, for the
purposes of this section, as responsible for a girl are—
(a) her parent or legal guardian;
(b) any person who has actual possession or control of her or to
whose charge she has been committed by her parent or legal
guardian or by a person having the custody of her; and
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(c) any other person who has the custody, charge or care of her.
(4) In subsection (3)—
(a) “parent” does not include, in relation to any girl, a person
deprived of the custody of her by order of a court of competent
jurisdiction, but (subject to that) in the case of a girl who has been
adopted under the Adoption of Children Act, means her adopters
and in the case of a girl who was born outside of marriage, means
her mother and any person who has been adjudged to be her
(putative) father; and
(b) “legal guardian” means, in relation to a girl, any person who is for
the time being her guardian, having been so appointed according
to law by deed or will or by order of a court of competent
jurisdiction.
(5) If, on a charge for an offence under this section, the girl appears to the
jury to have been under the age of 16 years at the time of the offence charged,
she shall be presumed for the purposes of this section to have been this age
unless the contrary is proved.

Causing prostitution of woman

142. (1) A person who, within the Territory, procures or attempts to procure, a
woman—
(a) to become a common prostitute, whether within the Territory or
elsewhere;
(b) to leave the Territory, intending her to become an inmate of or to
frequent a brothel elsewhere; or
(c) to leave her usual place of abode in the Territory, intending her to
become an inmate of or to frequent a brothel in any part of the
world for the purposes of prostitution,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 3 years. (Amended by Act 8 of 2006)
(2) A person shall not be convicted of an offence under this section on the
evidence of one witness only, unless the witness is corroborated in some material
particular.

Procurement of woman by threats

143. A person who procures or attempts to procure a woman by threats or
intimidation to have unlawful sexual intercourse, whether within the Territory or
elsewhere, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 3 years. (Amended by Act 8 of 2006)

Procurement of woman by false pretences

144. A person who procures, or attempts to procure a woman by false
pretences or false representation to have unlawful sexual intercourse, whether
within the Territory or elsewhere, commits an offence and is liable on summary
conviction to imprisonment for a term not exceeding 3 years. (Amended by Act 8
of 2006)
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Administering drugs to facilitate intercourse

145. (1) A person who applies or administers to, or causes to be taken by a
woman, a drug, matter or thing with intent to stupefy or overpower her so as
thereby to enable a man to have unlawful sexual intercourse with her, commits
an offence and is liable on summary conviction to imprisonment for a term not
exceeding 7 years. (Amended by Act 8 of 2006)
(2) A person shall not be convicted of an offence under this section on the
evidence of one witness only, unless that witness is corroborated in some
material particular.

Detention of woman in brothel

146. (1) A person who detains a woman against her will on any premises with
the intention that she shall have unlawful sexual intercourse with men or with a
particular man, or who detains a woman against her will in a brothel, commits an
offence and is liable on summary conviction to imprisonment for a term not
exceeding 5 years. (Amended by Act 8 of 2006)
(2) Where a woman is on any premises for the purpose of having
unlawful sexual intercourse, or is in a brothel, a person shall be deemed, for the
purposes of this section, to detain her there if, with the intention of compelling or
inducing her to remain there, he either withholds from her clothes or any other
property belonging to her or threatens her with legal proceedings in the event of
her taking away clothes provided for her by the person or on the person’s
directions.
(3) A woman shall not be liable to legal proceedings, whether civil or
criminal, for taking away or being found in possession of clothes she needed to
enable her to leave premises on which she was for the purposes of having
unlawful sexual intercourse or to leave a brothel.

Man living on earnings of prostitution

147. (1) A man who knowingly lives wholly or partly on the earnings of
prostitution, commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 10 years or to a fine not exceeding
$10,000, or both. (Amended by Act 8 of 2006)
(2) For the purposes of this section, a man who lives with, or is habitually
in the company of a prostitute, or who exercises control over a prostitute’s
movements in a way which shows he is aiding, abetting or compelling her
prostitution with others, shall be presumed to be knowingly living on the
earnings of prostitution, unless he proves the contrary.

Woman exercising control over prostitute

148. A woman who, for purposes of gain, exercises control, direction or
influence over a prostitute’s movements in a way which shows that she is aiding,
abetting or compelling her prostitution, commits an offence and is liable on
conviction on indictment to imprisonment for a term not exceeding 10 years or
to a fine not exceeding $10,000, or both. (Amended by Act 8 of 2006)
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Living on earnings of male prostitution

149. A person who knowingly lives wholly or partly on the earnings of
prostitution of a man, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 3 years or to a fine not exceeding $3,000,
or both. (Amended by Act 8 of 2006)

Keeping brothels
150. A person who keeps a brothel or manages or assists in managing a
brothel, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 2 years, or to a fine not exceeding
$2,000, or both. (Amended by Act 8 of 2006)

Letting premises for use as brothel

151. (1) A person who is the owner or lessor, or who is the occupier or in
control of any premises, or his or her agent, who lets or arranges for the letting of
the premises as a brothel, commits an offence and is liable on summary
conviction to imprisonment for a term not exceeding 2 years or to a fine not
exceeding $2,000, or both. (Amended by Act 8 of 2006)
(2) Upon the conviction of a person for an offence under subsection (1),
after having been previously convicted of an offence under that subsection, he or
she shall be liable to imprisonment for a term not exceeding 3 years or to a fine
not exceeding $3,000, or both.

PART VIII
ABORTION

Use of poison, etc. or instruments to cause miscarriage

152. (1) Subject to the provisions of this section, a person who—
(a) being with child, with intent to procure her own miscarriage,
unlawfully administers to herself poison or other noxious thing,
or unlawfully uses an instrument or other means with like intent;
or
(b) with intent to procure the miscarriage of a woman, whether or not
she is with child, unlawfully administers to her, or causes her to
take, poison or other noxious thing, or unlawfully uses any
instrument or other means with the like intent,
commits an offence and is liable on conviction on indictment to imprisonment
for a term not exceeding 14 years. (Amended by Act 8 of 2006)
(2) A person shall not be convicted of an offence under subsection (1)
when a pregnancy is terminated in a hospital or other establishment approved for
the purposes by the Director of Health Services, by a medical practitioner if 2
medical practitioners are of the opinion, formed in good faith—
(a) that the continuance of the pregnancy would involve risk to the
life of the pregnant woman, or injury to the physical or mental
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health of the pregnant woman greater than if the pregnancy were

terminated; or
(b) that there is a substantial risk that if the child were born it would
suffer from such physical or mental abnormality as to be seriously
handicapped.
(3) The reference to the opinion of 2 medical practitioners and to an
approved hospital or other establishment shall not apply to the termination of
pregnancy by a registered medical practitioner in a case in which he or she is of
the opinion, formed in good faith, that the termination is immediately necessary
to save the life or to prevent grave permanent injury to the physical or mental
health of the pregnant woman.

Supplying poison, etc. with intent to procure a miscarriage

153. A person who unlawfully supplies or procures poison or other noxious
thing, or any instrument or thing whatsoever, knowing that the same is intended
to be unlawfully used or employed with intent to procure the miscarriage of a
woman, whether or not she is with child, commits an offence and is liable on
conviction on indictment to imprisonment for a term not exceeding 5 years.
(Amended by Act 8 of 2006)

Child destruction
154. (1) A person who, with intent to destroy the life of a child capable of
being born alive, by a wilful act or omission causes a child to die before it has an
existence independent of its mother, commits the offence of child destruction
and is liable on conviction on indictment to imprisonment for life. (Amended by
Act 8 of 2006)
(2) A person shall not be convicted of an offence under subsection (1) if
it is proved that the act which caused the death of the child was done in good
faith for the purpose only of preserving the life of the mother.
(3) For the purposes of this section, evidence that a woman had at any
material time been pregnant for a period of 28 weeks or more shall be prima
facie proof that she was at that time pregnant of a child capable of being born
alive.

PART IX
OFFENCES RELATING TO MARRIAGE

Bigamy
155. (1) Subject to subsection (2), a person who, being married, marries
another person during the life of the former husband or wife, commits an offence
and is liable on conviction on indictment to imprisonment for a term not
exceeding 7 years. (Amended by Act 8 of 2006)
(2) Subject to subsection (2), a person who is deemed, pursuant to section
2(2) of the Virgin Islands (Constitution) Order, to belong to the Virgin Islands
and who, being married, marries outside of the Virgin Islands any other person
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during the life of the former husband or wife, commits an offence and is liable
on conviction on indictment to imprisonment for a term not exceeding 7 years.
(Inserted by Act 8 of 2006)
(3) A person shall not be convicted of an offence under subsection (1) or
(2) by reason of marrying a second time in any of the following cases—
(a) where the husband or wife, as the case may be, of the person
marrying a second time has been continually absent from such
person for the space of 3 years immediately preceding the date of
the second marriage, and has not been known to the other party to
the first marriage to have been living during any part of such
period;
(b) where the husband or wife, as the case may be, who marries a
second time, although no such period of 3 years as is referred to
in paragraph (a) has elapsed, in good faith and on reasonable
grounds believed at the time of the second marriage that the other
party to his or her first marriage was dead; or
(c) where, prior to the date of the second marriage, the first marriage
has been dissolved or declared to be void or a decree of nullity
made by a court of competent jurisdiction.
(Amended by Act 8 of 2006)
(4) The husband or wife of a person charged with bigamy may be called
as a witness for the prosecution or the defence without the consent of the person
charged.

Fraudulent pretence of marriage

156. A person who wilfully and by fraud causes a woman or man, who is not
lawfully married to her or him, to believe that she or he is lawfully married to
that person, and to cohabit or have sexual intercourse with that person in that
belief, commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 7 years. (Amended by Act 8 of 2006)

Fraudulently taking part in a sham marriage ceremony

157. A person who dishonestly, or with fraudulent intention, goes through a
sham marriage ceremony, knowing that he or she is not thereby lawfully
married, commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 5 years. (Amended by Act 8 of 2006)

Personation in marriage ceremony

158. A person who impersonates another person in a marriage ceremony, or
who marries under a false name or description, with intent to deceive the other
party to the marriage, commits an offence and is liable on conviction on
indictment to imprisonment for a term not exceeding 7 years.
(Amended by Act 8 of 2006)
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PART X
GENOCIDE

Interpretation of this Part

159. (1) In this Part, “the Genocide Convention” means the Convention on the
Prevention and Punishment of the Crime of Genocide approved by the General
Assembly of the United Nations on 9 December, 1948.
(2) A person commits an offence of genocide if he or she commits any
act falling within the definition of “genocide” in Article II of the Genocide
Convention, as set out in subsection (3).
(3) “Genocide” means any of the following acts committed with intent to
destroy, in whole or in part, a national, ethnical, racial or religious group—
(a) killing members of the group;
(b) causing serious bodily or mental harm to members of the group;
(c) deliberately inflicting on the group conditions of life calculated to
bring about its physical destruction in whole or in part;
(d) imposing measures intended to prevent births within the group;
(e) forcibly transferring children of the group to another group.

Punishment for genocide

160. (1) A person who commits the offence of genocide is liable on conviction
on indictment—
(a) if the offence consists of the killing of any person, to
imprisonment for life;
(b) in any other case, to imprisonment for a term not exceeding 14
years.
(Amended by Act 8 of 2006)
(2) A prosecution in respect of genocide shall not be instituted except by,
or with the consent of, the Director of Public Prosecutions.

PART XI
HOMICIDE AND OTHER OFFENCES AGAINST THE PERSON

Definition of murder
161. (1) Subject to subsection (2) and to the provisions of sections 162, 164
and 167, a person who, of malice aforethought express or implied, causes the
death of another person by an unlawful act or omission commits murder.
(2) Where on the facts found the offence would under the law of England
be reduced to one of manslaughter, then the offence shall be so reduced.
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(3) For the purpose of this section, malice aforethought shall be deemed
to be established by evidence proving—
(a) an intention to cause the death of or to do grievous bodily harm to
any person, whether such person is the person actually killed or
not; or
(b) knowledge that the act or omission causing death will probably
cause the death of or grievous bodily harm to some person,
whether or not such person is the person actually killed, although
such knowledge is accompanied by indifference whether or not
death or grievous bodily harm is caused, or by a wish that it may
not be caused.

Persons suffering from diminished responsibility

162. (1) Where a person kills or is party to the killing of another, he or she
shall not be convicted of murder if he or she was suffering from such
abnormality of mind (whether arising from a condition of arrested or retarded
development of mind or other inherent causes or induced by disease or injury) as
substantially impaired his or her mental responsibility for his or her acts in doing
or being a party to the killing.
(2) On a charge of murder, it shall be for the defence to prove that the
person charged is by virtue of this section not liable to be convicted of murder.
(3) A person who but for this section would be liable, whether as
principal or otherwise, to be convicted of murder shall be liable instead to be
convicted of manslaughter.
(4) The fact that one party to a killing is by virtue of this section not
liable to be convicted of murder shall not affect the question whether the killing
amounted to murder in the case of any other party to it.

Penalty for murder

163. A person who commits murder is liable on conviction on indictment to
imprisonment for life. (Amended by Act 8 of 2006)

Provocation
164. (1) Where on a charge of murder there is evidence on which a jury can
find that the person charged was provoked (whether by things done or things
said or both) to lose his or her self-control, the question whether the provocation
was enough to make a reasonable person do as he or she did shall be left to be
determined by the jury, and the jury shall take into account everything done and
said according to the effect which, in their opinion, it would have on a
reasonable man.
(2) Where on a charge of murder, the jury find that all the other elements
of the offence have been proved, but there is evidence of provocation, such as is
referred to in subsection (1), the jury shall not return a verdict of guilty of
murder but shall return a verdict of guilty of manslaughter.
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(3) For the purposes of this section, “provocation” is a wrongful act or

insult which is of such a nature as to be likely when done—
(a) to an ordinary person;
(b) in the presence of an ordinary person to another person who is
under his or her immediate care, or to whom he or she stands in a
conjugal, parental, filial or fraternal relation,
to deprive him or her of the power of self-control and to induce him or her to
assault the person by whom the act or insult is done or offered.

Attempted murder
165. A person who, by any means, attempts to commit murder, is liable on
conviction on indictment to imprisonment for life. (Amended by Act 8 of 2006)

Manslaughter
166. (1) A person who, by an unlawful act or omission, causes the death of
another person, commits the offence of manslaughter.
(2) A person who commits manslaughter is liable on conviction on
indictment to imprisonment for life. (Amended by Act 8 of 2006)
(3) For the purposes of this section, an unlawful omission is an omission
amounting to culpable negligence to discharge a duty tending to the preservation
of life or health, whether such omission is or is not accompanied by an intention
to cause death or bodily harm.

Infanticide
167. (1) Where a woman by a wilful act or omission causes the death of her
child, being a child under the age of 12 months, but at the time of the act or
omission the balance of her mind was disturbed by reason of her not having fully
recovered from the effect of giving birth to the child, or by reason of the effect of
lactation consequent upon the birth of the child, then notwithstanding that the
circumstances were such that but for this section the offence would have
amounted to murder, she commits the offence of infanticide, and may for such
offence be dealt with and punished as if she had committed the offence of
manslaughter.
(2) Where upon the trial of a woman for the murder of her child, being a
child under the age of 12 months, the jury are of the opinion that by any wilful
act or omission she caused its death, but that at the time of the act or omission
the balance of her mind was disturbed by reason of her not having fully
recovered from the effect of giving birth to the child or by reason of the effect of
lactation consequent upon the birth of the child, then the jury, notwithstanding
that the circumstances were such that but for this section they might have
returned a verdict of murder, may return in lieu thereof a verdict of
manslaughter.
(3) Nothing in this section shall affect the power of the jury upon an
indictment for murder of a child to return a verdict of manslaughter, or a verdict
of guilty but insane, or a verdict of concealment of birth in pursuance of section
174.
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Threats to murder
168. (1) A person who maliciously sends, delivers or utters, or directly or
indirectly causes to be received, knowing the contents thereof, any letter, writing
or other document threatening to kill or murder any person, commits an offence
and is liable on conviction on indictment to imprisonment for a term not
exceeding 10 years. (Amended by Act 8 of 2006)
(2) For the purposes of subsection (1), “document” shall be deemed to
include any disc, tape, sound track or other device in which sounds or other data
are embodied so as to be capable (with or without the aid of some other
equipment) of being reproduced therefrom.

Conspiracy to murder
169. A person who conspires with another or solicits, encourages, persuades,
endeavours to persuade, or proposes to any other person, to murder another,
whether such person is within the Territory or elsewhere, commits an offence
and is liable on conviction on indictment to imprisonment for a term not
exceeding 14 years. (Amended by Act 8 of 2006)

Abetment of suicide
170. (1) A person who aids, abets, counsels or procures the suicide of another,
or the attempt by another to commit suicide, commits an offence and is liable on
conviction on indictment to imprisonment for a term not exceeding 14 years.
(Amended by Act 8 of 2006)
(2) If on the trial of an indictment for murder or manslaughter it is proved
that the accused aided, abetted, counselled or procured the suicide of the person
in question, the jury may find him or her guilty of that offence.

Suicide pacts
171. (1) It shall be manslaughter and not murder for a person acting in
pursuance of a suicide pact between him or her and another person to kill the
other person or to be a party to that other person killing himself, herself or being
killed by a third person.
(2) Where it is shown that the person charged with the murder of another
person killed that other, or was a party to his or her killing himself or herself,
being killed it shall be for the defence to prove that the person charged was
acting in pursuance of a suicide pact between him or her and the other person.
(3) For the purposes of this section, “suicide pact” means a common
agreement between two or more persons having for its object the death of all of
them, whether or not each is to take his or her own life, but nothing done by a
person entering into a suicide pact shall be treated as done by him or her in
pursuance of the pact unless it is done while he or she has a settled intention of
dying in pursuance of that pact.

Causing death defined

172. A person shall be deemed to have caused the death of another person,
although his or her act is not the immediate or the sole cause of death, in any of
the following cases—
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(a) if he or she inflicts bodily injury on the other person in

consequence of which that other person undergoes surgical or
medical treatment which causes his or her death, and in such a
case it is immaterial whether the treatment was proper or
mistaken, if it was employed in good faith and with common
knowledge and skill; but the person inflicting the injury shall not
be deemed to have caused the death if the treatment which was
the immediate cause of the death was not employed in good faith
or was so employed without common knowledge and skill;
(b) if he or she inflicts a bodily injury on another which would not
have caused death if the injured person had submitted to proper
surgical or medical treatment or had observed proper precautions
as to his or her mode of living;
(c) if by actual or threatened violence he or she causes the other
person to perform an act which causes the death of that person,
such act being a means of avoiding violence which in the
circumstances would appear natural to the person whose death is
so caused;
(d) if by an act or omission he or she hastens the death of a person
suffering under any disease or injury which, apart from such act
or omission, would have caused death;
(e) if his or her act or omission would not have caused death unless
accompanied by an act or omission of the person killed or another
person.

Persons capable of being killed

173. A child becomes a person capable of being killed when it has completely
proceeded in a living state from the body of its mother, whether it has breathed
or not, whether it has independent circulation or not and whether the navel string
is severed or not.

Concealing the birth of a child

174. A person who, when a woman is delivered of a child, endeavours by any
secret disposition of the dead body of the child, to conceal the birth, whether the
child died before, at or after its birth, commits the offence of concealment of
birth and is liable on summary conviction to imprisonment for a term not
exceeding 2 years. (Amended by Act 8 of 2006)

Wounding or causing grievous bodily harm with intent

175. A person who unlawfully and maliciously, by any means whatsoever,
wounds or causes grievous bodily harm to any person with intent so to do or
with intent to resist or prevent the lawful apprehension or detainer of any person,
commits an offence and is liable on conviction on indictment to imprisonment
for life. (Amended by Act 8 of 2006)

Wounding or inflicting grievous bodily harm

176. A person who unlawfully and maliciously wounds or inflicts grievous
bodily harm upon another person, either with or without any weapon or
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instrument, commits an offence and is liable on conviction on indictment to

imprisonment for a term not exceeding 5 years. (Amended by Act 8 of 2006)

Wounding
177. A person who unlawfully wounds another person, commits an offence and
is liable on summary conviction to imprisonment for a term not exceeding 2
years. (Amended by Act 8 of 2006)

Attempting to choke, etc. in order to commit an offence

178. A person who, by any means whatsoever, attempts to choke, suffocate or
strangle another person, or who by any means calculated to choke, suffocate or
strangle, attempts to render another person insensible, unconscious or incapable
of resistance with intent to enable himself, herself or any other person to
commit, or with intent to assist another person in committing a criminal offence,
commits an offence and is liable on conviction on indictment to imprisonment
for life. (Amended by Act 8 of 2006)

Using anaesthetic, etc., to commit an offence

179. A person who unlawfully applies or administers to, or causes to be taken
by, or who attempts to administer to or attempts to cause another person to take
chloroform, laudanum or other anaesthetic or stupefying or overpowering drug,
matter or thing, with intent to enable himself, herself or any other person to
commit, or with the intent to assist any other person in committing a criminal
offence, commits an offence and is liable on conviction on indictment to
imprisonment for life. (Amended by Act 8 of 2006)

Administering poison so as to endanger life or inflict grievous harm

180. A person who unlawfully and maliciously administers to, or causes to be
administered to or taken by another person any poison or other destructive or
noxious thing so as thereby to endanger the life of such person, or so as thereby
to inflict upon the other person grievous bodily harm, commits an offence and is
liable on conviction to imprisonment on indictment for a term not exceeding 10
years. (Amended by Act 8 of 2006)

Administering poison with intent to injure, etc.

181. A person who unlawfully and maliciously administers to, or causes to be
administered to or taken by another person poison or other destructive or noxious
thing with intent to injure, aggrieve or annoy such person, commits an offence
and is liable on conviction on indictment to imprisonment for a term not
exceeding 5 years. (Amended by Act 8 of 2006)

Impeding escape from shipwreck

182. A person who unlawfully and maliciously prevents or impedes another
person, being on board of or having quitted a ship or vessel which is in distress
or wrecked, stranded or cast on shore, in his or her endeavour to save his or her
life, or unlawfully and maliciously prevents or impedes another person in his or
her endeavour to save the life of any such person, commits an offence and is
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liable on conviction on indictment to imprisonment for life. (Amended by Act 8 of

2006)

Causing bodily harm by corrosive or explosive substance

183. A person who unlawfully and maliciously, by the use of a corrosive
substance or the explosion of an explosive substance, burns, maims, disfigures,
disables or causes any grievous bodily harm to any person, commits an offence
and is liable on conviction on indictment to imprisonment for life. (Amended by
Act 8 of 2006)

Using explosive or corrosive substance with intent to do grievous harm

184. A person who unlawfully or maliciously—
(a) causes an explosive substance to explode;
(b) sends or delivers or causes to be taken or received by any person
an explosive substance or any other dangerous or noxious thing;
(c) puts or lays at any place a corrosive fluid or destructive or
explosive substance; or
(d) casts or throws at or upon or otherwise applies to any person a
corrosive fluid or destructive or explosive substance,
with intent in to burn, maim, disfigure or disable any person, or to do some
grievous bodily harm to any person, commits an offence and is liable on
conviction on indictment to imprisonment for life. (Amended by Act 8 of 2006)

Placing explosive near building, etc., with intent to cause bodily harm
185. A person who unlawfully and maliciously places or throws in, into, upon,
against or near any building, aircraft, ship or vessel an explosive substance with
intent to do bodily injury to any person, whether or not an explosion takes place
and whether or not any bodily injury be effected, commits an offence and is
liable on conviction on indictment to imprisonment for life. (Amended by Act 8 of
2006)

Causing explosion likely to endanger life or property

186. A person who unlawfully and maliciously causes by any explosive
substance an explosion of a nature likely to endanger life or to cause serious
injury to property, whether any injury to person or property has been actually
caused or not, commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 14 years. (Amended by Act 8 of 2006)

Setting traps, etc. with intent to inflict grievous bodily harm

187. (1) A person who sets or places or causes to be set or placed a spring gun,
mantrap, other engine or device (including any electrical device or wiring)
calculated to destroy human life or inflict grievous bodily harm, with the intent
that the same or whereby the same may kill or inflict grievous bodily harm upon
a trespasser or other person coming into contact therewith, commits an offence
and is liable on conviction on indictment to imprisonment for a term not
exceeding 5 years. (Amended by Act 8 of 2006)
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(2) A person who knowingly or wilfully permits a contrivance, engine or

device such as is referred to in subsection (1) which may have been set or placed
in any place and then or afterwards came into that person’s possession, to
continue where it was set or placed, is deemed to have set or placed it with the
intent referred to in subsection (1).
(3) Nothing contained in this section shall extend to make it illegal to set
or place a trap or other device such as may have been or may be usually set with
the intent of destroying vermin.

Unlawful use of firearms

188. A person who unlawfully discharges or attempts to discharge a firearm at
any person or, being armed with a firearm, unlawfully threatens to discharge the
firearm at any person, commits an offence and is liable on conviction on
indictment, in addition to any other liability for any offence he or she may
thereby commit, to imprisonment for a term not exceeding 5 years. (Amended by
Act 8 of 2006)

Excess use of force

189. A person who is authorised by law, or by the consent of a person injured
by him or her to use force, shall be criminally responsible for the consequences
of the force he or she may use, if it exceeds what is reasonable, having regard to
all the circumstances of the case.

Reckless and negligent acts

190. A person who, in any manner so rash or negligent as to endanger human
life or safety—
(a) drives or rides in a public place;
(b) navigates or takes part in the navigation or working of a vessel or
aircraft;
(c) does any act with fire or any combustible matter, or omits to take
precautions against probable danger from any fire or any
combustible matter in his or her possession or control;
(d) omits to take precautions against any probable danger from an
animal in his or her control or possession;
(e) dispenses, supplies, sells, administers or gives away medicine or
poisonous or dangerous matter;
(f) does any act with respect to, or omits to take proper precautions
against, any probable danger from machinery of which he or she
is solely or partly in charge; or
(g) does any act with respect to, or omits to take proper precautions
against probable danger from an explosive or firearm in his or her
possession or control,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 2 years.
(Amended by Act 8 of 2006)
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Other negligent acts or omissions causing harm

191. A person who unlawfully does any act, or omits to do an act which it is
his or her duty to do, not being an act or omission specified in section 190, by
which act or omission harm is caused to any person, commits an offence and is
liable on summary conviction to imprisonment for a term not exceeding 6
months or to a fine not exceeding $500. (Amended by Act 8 of 2006)

Dealing with poisonous substances in a negligent manner

192. A person who does with a poisonous substance an act in a manner so rash
or negligent as to endanger human life or to be likely to cause hurt or injury to
another person, or knowingly or negligently omits to take such care with any
poisonous substance in his or her possession or control as is sufficient to guard
against probable danger to human life from such poisonous substance, commits
an offence and is liable on summary conviction to imprisonment for a term not
exceeding 6 months or to a fine not exceeding $500. (Amended by Act 8 of 2006)

Acts tending to the destruction of aircraft and ships

193. (1) A person who unlawfully masks, alters, destroys or removes a beacon,
light or signal, or unlawfully exhibits a false light or signal with intent to bring
an aircraft or vessel into danger or who unlawfully and maliciously does
anything tending to the immediate loss or destruction of an aircraft or vessel,
commits an offence and is liable on conviction on indictment to imprisonment
for life. (Amended by Act 8 of 2006)
(2) A person who unlawfully and maliciously cuts away, casts adrift,
alters, defaces, sinks, conceals or destroys a beacon, buoy, rope, perch or mark
used or intended for the guidance of seamen or airmen for the purposes of
navigation, commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 7 years. (Amended by Act 8 of 2006)
(3) For the purposes of this section, “beacon” includes a radio beacon and
“signal” includes a radio or similar signal.

Conveying person for hire in unsafe conveyance

194. A person who knowingly or negligently conveys or causes any person to
be conveyed for hire by water or air in any vessel or aircraft when the vessel or
aircraft is in such a state or so loaded as to be unsafe, commits an offence and is
liable on summary conviction to imprisonment for a term not exceeding one
year. (Amended by Act 8 of 2006)

Common assault
195. A person who unlawfully assaults another commits an offence and, if the
assault is not committed in circumstances for which a greater punishment is
provided by this or any other law, is liable on summary conviction to
imprisonment for a term not exceeding one year or to a fine not exceeding
$1000, or both. (Amended by Act 8 of 2006)
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Assault causing actual bodily harm

196. A person who commits an assault occasioning actual bodily harm
commits an offence and is liable—
(a) on summary conviction to imprisonment for a term not exceeding
3 years; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 7 years.
(Amended by Act 8 of 2006)

Assault on person protecting wreck

197. A person who assaults and strikes or wounds a judicial or police officer or
other person lawfully authorised, in or on account of the execution of his duty in
or concerning the preservation of a vessel or aircraft in distress, or of a vessel or
aircraft or goods or effects wrecked, stranded or cast on any land or shore, or
lying under water, commits an offence and is liable on conviction on indictment
to imprisonment for a term not exceeding 7 years. (Amended by Act 8 of 2006)

Assaults specially punishable

198. A person commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 2 years, if he or she—
(a) assaults any person with intent to commit an offence or to resist or
prevent the lawful apprehension or detainer of himself, herself or
another for any offence;
(b) assaults, resists or obstructs any person engaged in the lawful
execution of process, or in making lawful distress, with intent to
rescue property lawfully taken under such process or distress; or
(c) assaults any person on account of an act done by him or her in the
execution of a duty imposed on him or her by law.
(Amended by Act 8 of 2006)

Assault on female or child

199. A person who is guilty of an aggravated assault on a female, or on a male
child whose age appears to the court not to exceed 14 years, if the assault is not
committed in circumstances for which a greater punishment is provided by this
Code, is liable on summary conviction to imprisonment for a term not exceeding
6 months, or to a fine not exceeding $500. (Amended by Act 8 of 2006)

Assault on police officers, etc.

200. A person who assaults, resists or wilfully obstructs a police officer acting
in the due execution of his or her duty, or a person acting in aid of such officer,
or who assaults any person with intent to resist or prevent the lawful
apprehension or detainer of himself, herself or any other person for an offence,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 2 years or to a fine not exceeding $2,000, or both. (Amended
by Act 8 of 2006)
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PART XII
NEGLECT ENDANGERING LIFE OR HEALTH

Neglecting apprentice or servant

201. (1) A person who, either as master or as mistress of an apprentice or
servant—
(a) being legally liable to provide for the apprentice or servant
necessary food, lodging or clothing, without lawful excuse,
refuses or neglects to provide the same; or
(b) unlawfully or maliciously does, or causes to be done, any bodily
harm to the apprentice or servant,
so that the life of the apprentice or servant is endangered or the health of the
apprentice or servant is, or is likely to be, thereby seriously or permanently
injured, commits an offence. (Amended by Act 8 of 2006)
(2) A person who commits an offence under subsection (1) is liable—
(a) on summary conviction to imprisonment for a term not exceeding
3 years; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 7 years. (Inserted by Act 8 of 2006)

Failure to supply necessaries

202. A person who, being charged with the duty of providing for another the
necessaries of life, without lawful excuse fails to do so, whereby the life of that
other person is, or is likely to be, endangered, or his or her health is, or is likely
to be, seriously or permanently injured, commits an offence and is liable—
(a) on summary conviction to imprisonment for a term not exceeding
5 years; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 10 years.
(Amended by Act 8 of 2006)

Abandoning or exposing child under 2 years

203. A person who unlawfully abandons or exposes a child, being under the
age of 2 years, whereby the life of the child is endangered or the health of the
child is, or is likely to be, seriously or permanently injured, commits an offence
and is liable—
(a) on summary conviction to imprisonment for a term not exceeding
5 years; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 10 years.
(Amended by Act 8 of 2006)
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Cruelty to children
204. (1) Subject to subsection (7), if any person, who has attained the age of
18 years and has the custody, charge or care of any child, wilfully assaults, ill-
treats, neglects, abandons or exposes the child or causes or procures the child to
be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to
cause him or her unnecessary suffering or injury to health (including injury to or
loss of sight or hearing or organ of the body and any mental derangement), that
person commits an offence and is liable—
(a) on conviction on indictment to imprisonment for a term not
exceeding 5 years, or to a fine not exceeding $5,000, or both; or
(b) on summary conviction to imprisonment for a term not exceeding
6 months or to a fine not exceeding $500, or both.
(Amended by Act 7 of 2002)
(2) For the purposes of this section—
(a) a parent, guardian or other person legally liable to maintain a
child or young person shall be deemed to have neglected the child
or young person in a manner likely to cause injury to the child or
young person, or to its health if he or she has failed to provide
adequate food, clothing, medical aid or lodging for the child or
young person;
(b) where it is proved that the death of an infant under the age of 4
years was caused by suffocation (not being suffocation caused by
disease or the presence of any foreign body in the throat or air
passages of the infant) while the infant was in bed with some
other person who has attained the age of 18 years, that other
person shall, if he or she went to bed under the influence of drink,
be deemed to have neglected the infant in a manner likely to
cause injury to its health;
(c) a person, having attained the age of 18 years, who gives, or causes
to be given, or sells or causes to be sold to a child under the age
of 16 years any intoxicating liquor, except upon the order of a
duly qualified medical practitioner, or in case of sickness,
apprehended sickness, or other urgent cause, shall be deemed to
have ill-treated that child in a manner likely to cause injury to the
child’s health;
(d) a person, having attained the age of 18 years, and having the
custody, charge or care of a child under the age of 10 years, who
allows that child to be in a room or yard containing a stove, coal-
stove or open fire-place, not sufficiently protected to guard
against the risk of the child being burnt or scalded, without taking
reasonable precautions against the risk, and by reason thereof the
child is killed or suffers serious injury, shall be deemed to have
neglected the child in a manner likely to cause injury to the
child’s health.
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(3) A person may be convicted under this section—

(a) notwithstanding that actual suffering or injury to health, or the
likelihood of actual suffering or injury to health, was obviated by
the action of another person;
(b) notwithstanding the death of the child in question.
(4) If it is proved that a person convicted under this section was directly
or indirectly interested in a sum of money accruing or payable in the event of the
death of the child, and had knowledge that such sum of money was accruing or
becoming payable, then—
(a) in the case of a conviction on indictment, the amount of the fine
which may be imposed under this section shall be $7,000 and the
court in lieu of any other penalty under this section may sentence
the person convicted to imprisonment for a term not exceeding 7
years; and
(b) in the case of a summary conviction, the court, in determining the
sentence, shall take into consideration the fact that the person
convicted was so interested and had such knowledge.
(5) For the purposes of subsection (4)—
(a) a person shall be deemed to be directly or indirectly interested in a
sum of money if he or she has a share in or a benefit from the
payment of that money, notwithstanding that he or she may not be
a person to whom it is legally payable; and
(b) a copy of a policy of insurance, certified to be a true copy by an
officer or agent of the insurance company granting or issuing the
policy, shall be evidence that the child therein stated to be insured
has in fact been so insured and that the person in whose favour
the policy has been granted is the person to whom the money
thereby insured is legally payable.
(6) Nothing in this section shall be construed as affecting the right of a
parent, teacher or other person having the lawful control or charge of a child to
administer punishment to him.
(Amended by Act 15 of 2005)
(7) A person under the age of 18 years who is a parent that commits an
offence under this section shall be liable upon conviction, subject to the
provisions of the Magistrate’s Code of Procedure Act and the Criminal Justice
(Alternative Sentencing) Act, to the penalties prescribed under this section.
(Inserted by Act 15 of 2005)

Other negligent acts or omissions causing harm

205. A person who unlawfully does an act or omits to do an act which it is his
or her duty to do, by which act or omission harm is caused to any other person,
in circumstances which do not constitute an offence under any other provision of
this Code or any other law, commits an offence and is liable—
(a) on summary conviction to imprisonment for a term not exceeding
3 years; or
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(b) on conviction on indictment to imprisonment for a term not

exceeding 7 years.
(Amended by Act 8 of 2006)

PART XIII
ABDUCTION, KIDNAPPING AND SIMILAR CRIMES

Definitions of “abduction” and “kidnapping”

206. For the purposes of this Part—
(a) a person who, without lawful authority, by force or threat or by
any deceitful means compels or induces a person to go from any
place is said to abduct that person; and
(b) a person who, without lawful authority—
(i) conveys a person beyond the limits of the Territory without
the consent of that person or of some person legally
authorised to consent on behalf of that person; or
(ii) imprisons any person within the Territory in such manner as
to prevent him or her—
(A) from applying to a court for his or her release;
(B) from discovering from any other person the place where he
or she is imprisoned,
or in such manner as to prevent any person entitled to have access to him or her
from discovering the place where he or she is so imprisoned, is said to kidnap
that person.

Punishment for kidnapping

207. A person who kidnaps another person commits an offence and is liable on
conviction on indictment to imprisonment for a term not exceeding 10 years.
(Amended by Act 8 of 2006)

Abduction with intent to convey out of the Territory, etc.

208. A person who abducts another person with intent to cause that other
person to be taken beyond the limits of the Territory or to be secretly and
unlawfully confined within the Territory, commits an offence and is liable on
conviction on indictment to imprisonment for a term not exceeding 14 years.
(Amended by Act 8 of 2006)

Abduction or kidnapping female with intent to marry, etc.

209. A person who abducts or kidnaps a female of any age with intent to marry
or have sexual intercourse with her, or to cause her to be married or to have
sexual intercourse with any other person, commits an offence and is liable on
conviction on indictment to imprisonment for a term not exceeding 14 years.
(Amended by Act 8 of 2006)
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Unlawfully taking girl under age of 16 away from parent

210. A person who unlawfully takes or causes to be taken, an unmarried girl
under the age of 16 years, out of the possession and against the will of her father
or mother or other person having the lawful care or charge of her, commits an
offence and is liable on summary conviction to imprisonment for a term not
exceeding 2 years. (Amended by Act 8 of 2006)

Child stealing
211. (1) A person who—
(a) unlawfully either by force or fraud, leads or takes away, or decoys
or entices away, or detains a child under the age of 14 years with
intent to deprive a parent, guardian or other person having the
lawful care or charge of such child, of the possession of the child;
(b) with intent to steal an article upon or about the person of such
child, to whoever the article may belong, by force or fraud, leads
or takes away, or detains the child; or
(c) with any such intent receives or harbours any such child, knowing
the same to have been by force or fraud led, taken, decoyed,
enticed away or detained as in this section mentioned,
commits an offence and is liable on conviction on indictment to imprisonment
for a term not exceeding 7 years. (Amended by Act 8 of 2006)
(2) It is a defence to a charge under subsection (1) if the accused claims
in good faith and establishes a right to the possession of the child, or is the
mother or father of the child.

Wrongful confinement
212. A person who, without lawful authority, confines another person, in
circumstances not constituting an offence under any of the other provisions of
this Part, commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 5 years. (Amended by Act 8 of 2006)

Unlawful compulsory labour

213. A person who unlawfully compels another person to labour against the
will of that other person, commits an offence and is liable on conviction on
indictment to imprisonment for a term not exceeding 5 years. (Amended by Act 8
of 2006)

Human trafficking
214. (1) In this section—
“exploitation”, in relation to a person, includes the exploitation of the person
through prostitution, pornography or other forms of sexual exploitation,
forced labour or services, slavery or practices similar to slavery, servitude
or the removal of organs;
“human trafficking” means the recruitment, transportation, transfer, harbouring
or reception of a person for the purpose of the exploitation of the person;
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“minor” means a person who has not attained the age of 18 years.
(2) A person who is concerned in human trafficking in circumstances—
(a) which involve—
(i) the threat or use of force or other forms of coercion;
(ii) abduction;
(iii) fraud or deception;
(iv) the abuse of power or the abuse of a position of vulnerability;
or
(v) the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person; and
(b) where the victim is not a minor,
commits an offence and is liable, on conviction on indictment, to imprisonment
for a term not exceeding 14 years.
(3) A person who is concerned in human trafficking—
(a) in circumstances where the victim is a minor; or
(b) in circumstances that do not fall under subsection (2)(a),
commits an offence and is liable, on conviction on indictment—
(i) in respect of paragraph (a), to imprisonment for life; or
(ii) in respect of paragraph (b), to imprisonment for a term not
exceeding 10 years.
(4) It shall not be a defence to a charge under this section to prove that
the victim consented to the recruitment, transportation, transfer, harbouring,
reception or exploitation, whether or not the victim—
(a) knew of the intended exploitation; or
(b) received an advantage for being subjected to human trafficking.
(Inserted by Act 3 of 2007)

Smuggling of migrants
215. (1) In this section—
“illegal” means without complying with the necessary legal requirements of the
relevant State or Territory;
“smuggling of migrants” means the procurement, whether for financial gain or
otherwise, or the aiding or assisting, of the—
(a) illegal entry of a person into;
(b) illegal transit of a person through; or
(c) illegal residence or employment of a person in,
a State or Territory of which the person is not a national or a permanent
resident.
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(2) A person who is concerned in the smuggling of migrants commits an

offence and is liable—
(a) on summary conviction, to imprisonment for a term not exceeding
5 years; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding 14 years.
(Inserted by Act 3 of 2007)

PART XIV
OFFENCES RELATING TO PROPERTY

Construction of this Part

216. For the purposes of this Part—
(a) “gain” and “loss” are to be construed as extending not only to
gain or loss in money or other property, but as extending to any
gain or loss whether temporary or permanent; and—
(i) “gain” includes a gain by keeping what one has, as well as
gain by getting what one has not; and
(ii) “loss” includes a loss by not getting what one might get, as
well as a loss by parting with what one has;
(b) “goods”, except in so far as the context otherwise requires,
includes money and every other description of property except
land, and includes things severed from the land by stealing.

Definition of “theft”
217. (1) A person is guilty of theft if he or she dishonestly appropriates
property belonging to another with the intention of permanently depriving the
other of it, and “thief” and “steal” shall be construed accordingly.
(2) It is immaterial whether or not the appropriation is made with a view
to gain, or is made for the thief’s own benefit.
(3) Sections 218 to 222 shall have effect as regards the interpretation and
operation of this section and (except as otherwise provided by this Part) shall
apply only for the purposes of this section.

What act is not dishonest

218. (1) A person’s appropriation of property belonging to another is not to be
regarded as dishonest—
(a) if he or she appropriates the property in the belief that he or she
has in law the right to deprive the other of it on behalf of himself
or herself or of a third person;
(b) if he or she appropriates the property in the belief that he or she
would have the other’s consent if the other knew of the
appropriation and the circumstances of it; or
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(c) (except where the property came to him or her as a trustee or

personal representative) if he or she appropriates the property in
the belief that the person to whom the property belongs cannot be
discovered by taking reasonable steps.
(2) A person’s appropriation of property belonging to another may be
dishonest notwithstanding that he or she is willing to pay for the property.

“Appropriates” defined
219. (1) Any assumption by a person of the rights of an owner amounts to an
appropriation, and this includes, where he or she has come by the property
(innocently or not) without stealing it, any later assumption of a right to it by
dealing with it as its owner.
(2) Where property or a right or interest in property is or purports to be
transferred for value to a person acting in good faith, no later assumption by him
or her of rights which he or she believed himself or herself to be acquiring shall,
by reason of any defect in the transferor’s title, amount to theft of the property.

“Property”
220. (1) “Property” includes money, defined, whether in the form of cash,
cheque, credit card, bank draft, money order or otherwise, and all other property,
real or personal, including things in action and other intangible property.
(2) In the case of a credit card the interest or number comprised in the
card shall constitute property.
(3) A person cannot steal land, or things forming part of land and severed
from it by him, her or by his or her directions, except in the following cases—
(a) when he or she is a trustee or personal representative, or is
authorised by power of attorney, or as a liquidator of a company,
or otherwise, to sell or dispose of land belonging to another, and
he or she appropriates the land or anything forming part of it by
dealing with it in breach of the confidence reposed in him or her;
(b) when he or she is not in possession of the land and appropriates
anything forming part of the land by severing it or causing it to be
severed, or after it has been severed; or
(c) when, being in possession of the land under a tenancy, he or she
appropriates the whole or part of any fixture or structure let to be
used with the land.
(4) For the purposes of this section, “land” does not include incorporeal
hereditament and “tenancy” means a tenancy for years or any less period and
includes an agreement for such tenancy, but a person who after the end of the
tenancy remains in possession as statutory tenant or otherwise is to be treated as
having possession under the tenancy, and “let” shall be construed accordingly.
(5) A person who picks mushrooms growing wild on any land or who
picks flowers, fruit or foliage from a plant growing wild, on any land, does not
(although not in possession of the land) steal what he or she picks, unless he or
she does it for reward or for sale or other commercial purposes, and for the
purposes of this subsection “mushroom” includes any fungus, and “plant”
includes any shrub or tree.
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(6) Wild creatures, tamed or untamed, shall be regarded as property, but a

person cannot steal a wild creature not tamed nor ordinarily kept in captivity, or
the carcass of any such creature unless it has been reduced into possession by or
on behalf of another and possession of it has not since been lost or abandoned, or
another person is in the course of reducing it into possession.

Property belonging to another

221. (1) Property shall be regarded as belonging to a person having possession
or control of it, or having in it a proprietary right or interest (not being an
equitable interest arising only from an agreement to transfer or grant an interest).
(2) Where property is subject to a trust, the persons to whom it belongs
shall be regarded as including a person having a right to enforce the trust, and an
intention to defeat the trust shall be regarded accordingly as an intention to
deprive of the property a person having that right.
(3) Where a person receives property from or on account of another, and
is under an obligation to the other to retain and deal with that property or its
proceeds in a particular way, the property or proceeds shall be regarded (as
against him or her) as belonging to the other.
(4) Where a person gets property by another’s mistake, and is under an
obligation to make restoration (in whole or in part) of the property, its proceeds
or its value, then to the extent of that obligation, the property or proceeds shall
be regarded (as against him or her) as belonging to the person entitled to
restoration, and an intention not to make restoration shall be regarded as an
intention to deprive that person of the property or proceeds.
(5) Property of a corporation sole shall be regarded as belonging to the
corporation notwithstanding a vacancy in the corporation.

Intention of permanently depriving the owner

222. (1) A person appropriating property belonging to another without
meaning the other permanently to lose the thing itself is nevertheless to be
regarded as having the intention of permanently depriving the other of it, if the
intention is to treat the thing as his or her own to dispose of regardless of the
other’s rights, and a borrowing or lending of it may amount to so treating it if the
borrowing or lending is for a period and in circumstances making it equivalent to
an outright taking or disposal.
(2) Without prejudice to the generality of subsection (1), where a person,
having possession or control (whether lawfully or not) of property belonging to
another, parts with the property under a condition as to its return which he or she
may not be able to perform, this (if done for purposes of his or her own and
without the other’s authority) amounts to treating the property as his or her own
to dispose of, regardless of the other’s rights.

Punishment for theft

223. A person who commits theft is guilty of an offence and is liable on
conviction to imprisonment—
(a) on summary conviction, for a term not exceeding 2 years; or
(b) on conviction on indictment for a term not exceeding 10 years.
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Robbery
224. (1) A person is guilty of robbery if he or she steals and, immediately
before or at the time of doing so, and in order to do so, he or she uses force on
any person or puts or seeks to put any person in fear of being then and there
subjected to force.
(2) A person who commits robbery is guilty of an offence and is liable on
conviction on indictment to imprisonment for life. (Amended by Act 8 of 2006)

Burglary
225. (1) A person commits the offence of burglary if—
(a) he or she enters a building or part of a building as a trespasser and
with intent to commit an offence mentioned in subsection (2);
(b) having entered a building or part of a building as a trespasser he
or she steals or attempts to steal any thing in the building or that
part of it or attempts to inflict on any person therein grievous
bodily harm.
(2) The offences referred to in subsection (1)(a) are offences of stealing
anything in the building in question, of inflicting on any person in the building
grievous bodily harm or raping a woman in the building, and of doing unlawful
damage to the building or anything therein.
(3) References in this section to a building shall apply also to an inhabited
vehicle or vessel, and shall apply to the vehicle or vessel at times when the
person inhabiting it is not there as well as at times when he or she is.
(4) A person who is convicted of burglary is liable on conviction on
indictment to imprisonment for a term not exceeding 14 years. (Amended by Act 8
of 2006)

Aggravated burglary
226. (1) A person commits the offence of aggravated burglary if he or she
commits burglary and at the time has with him or her a firearm or imitation
firearm, a weapon of offence, or an explosive.
(2) Any person who commits aggravated burglary is liable on conviction
on indictment to imprisonment for life. (Amended by Act 8 of 2006)
(3) For the purposes of this section—
(a) “firearm” includes an air gun or air pistol, and “imitation firearm”
means anything which has the appearance of being a firearm,
whether capable of being discharged or not;
(b) “weapon of offence” means an article made or adapted for use for
causing injury to or incapacitating a person, or intended by the
person having it with him or her for such use; and
(c) “explosive” means an article or substance manufactured for the
purpose of producing a practical effect by explosion, or intended
by the person having it with him or her for that purpose.
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Removing articles from place open to the public

227. (1) Subject to subsections (2) and (3), where the public have access to a
building in order to view the building, or part of it, or a collection or part of a
collection housed in it, a person who, without lawful authority removes from the
building or its grounds the whole or any part of any article displayed, or kept for
display, to the public in the building or that part of it or in its grounds, commits
an offence and is liable—
(a) on summary conviction to imprisonment for a term not exceeding
2 years; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 5 years.
(Amended by Act 8 of 2006)
(2) For the purposes of this section, “collection” includes a collection got
together for a temporary purpose, but does not include a collection made or
exhibited for the purpose of effecting sales or other commercial dealings.
(Amended by Act 8 of 2006)
(3) It is immaterial for the purposes of subsection (1) that the public’s
access to a building is limited to a particular period or occasion, but where
anything removed from the building or its grounds is there otherwise than as
forming part of, or being on loan for exhibition with, a collection intended for
permanent exhibition to the public, the person removing it does not thereby
commit an offence under this section unless he or she removes it on a day when
the public have access to the building as mentioned in subsection (1).
(4) A person does not commit an offence under this section if he or she
believes that he or she has lawful authority for the removal of the thing in
question or that he or she would have that authority if the person entitled to give
it knew of the removal and the circumstances of it.

Abstraction of electricity
228. A person who dishonestly uses electricity without due authority, or
dishonestly causes it to be wasted or diverted, commits an offence and is liable
on summary conviction to imprisonment for a term not exceeding 2 years or to a
fine not exceeding $2,000, or both.

Fraudulent use of telephone, fax or telex system

229. A person who dishonestly uses a telephone, fax or telex system with
intent to avoid payment, commits an offence and is liable on summary
conviction to imprisonment for a term not exceeding 2 years or to a fine not
exceeding $2,000, or both. (Amended by Act 8 of 2006)

Taking conveyance without authority

230. (1) A person who, for his or her own use or that of another person, takes a
conveyance constructed or adapted for the carriage of a person, whether by land,
water or air, without having the consent thereto of the owner or hirer thereof
(including a hirer under a self-drive or hire-purchase contract) or not having
other lawful authority or, knowing that such conveyance has been taken without
such consent or authority, drives it or allows himself or herself to be carried in or
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on it, commits an offence and is liable on summary conviction to imprisonment

for a term not exceeding 2 years or to a fine not exceeding $2,000 or both, and in
addition, the court may order the offender to pay to the owner of the conveyance
compensation for the use thereof and for any damage caused to the conveyance.
(Amended by Act 8 of 2006)
(2) It is a defence to a charge under subsection (1) to show that the person
charged has an honest belief that he or she acted under lawful authority or that in
the circumstances the owner or hirer would have given his or her consent had he
or she been aware of the taking.
(3) If on a trial for the theft of a conveyance it is found that the accused
was not guilty of the theft of the conveyance, but then it is proved that the
accused committed an offence under this section, he or she may be found guilty
of the offence, and convicted under this section.

Obtaining property by deception

231. (1) A person who, by deception, dishonestly obtains property belonging
to another, with the intention of permanently depriving the other of it, commits
an offence and is liable on conviction on indictment to imprisonment for a term
not exceeding 10 years. (Amended by Act 8 of 2006)
(2) For the purposes of this section a person shall be treated as obtaining
property if he or she obtains ownership, possession or control of it, and “obtain”
includes obtaining for another or enabling another to obtain or retain.
(3) Section 222 shall apply for the purposes of this section, with the
necessary adaptation of the reference to appropriating, as it applies for the
purposes of section 217.
(4) For the purposes of this section and sections 232 and 233, “deception”
means deception (whether deliberate or reckless) by words or conduct as to fact
or as to law, including a deception as to the present intentions of the person using
the deception or any other person.

Evasion of liability by deception

232. (1) Subject to subsection (2), a person who, by any deception—
(a) dishonestly secures the remission of the whole or any part of an
existing liability to make a payment, whether his own, her own or
another’s liability;
(b) with intent to make permanent default in whole or in part on an
existing liability to make a payment, or with intent to let another
do so, dishonestly induces the creditor to wait for payment
(whether or not the due date for payment is deferred) or to forego
payment; or
(c) dishonestly obtains an exemption from, or abatement of liability
to make a payment, commits an offence and is liable—
(i) on summary conviction to imprisonment for a term not
exceeding one year; or
(ii) on conviction on indictment to imprisonment for a term not
exceeding 5 years.
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(2) For the purposes of this section, “liability” means legally enforceable
liability, and subsection (1) shall not apply in relation to a liability that has not
been accepted or established to pay compensation for a wrongful act or
omission.
(3) For the purposes of subsection (1)(b), a person induced to take in
payment a cheque or other security for money by way of conditional satisfaction
of a pre-existing liability is to be treated as not being paid, but as induced to wait
for payment.
(4) For the purposes of subsection (1)(c), “obtains” includes obtaining for
another or enabling another to obtain.

Obtaining pecuniary advantage of services by deception

233. (1) Any person who, by deception, dishonestly obtains for himself,
herself or any other person a pecuniary advantage, or services from another,
commits an offence and is liable—
(a) on summary conviction, to imprisonment for a term not exceeding
one year; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 5 years.
(2) The cases in which a pecuniary advantage within the meaning of this
section is to be regarded as obtained for a person are where—
(a) any debt or charge for which he or she makes himself or herself
liable or is or may become liable (including one not legally
enforceable) is reduced in whole or in part or evaded or deferred;
(b) he or she is allowed to borrow on overdraft, or to take out a policy
of insurance or annuity contract, or obtains an improvement of the
terms on which he or she is allowed to do so; or
(c) he or she is given the opportunity to earn a remuneration or
greater remuneration in any office or employment, or to win
money by betting.
(3) For the purposes of subsection (1), the obtaining of services by any
person involves circumstances where the other person is induced to confer a
benefit by doing some act, or causing or permitting some act to be done, on the
understanding that the benefit has been or will be paid for.

Drawing dishonoured cheque

234. (1) Where a person—
(a) draws and issues a cheque in order to meet a legal obligation,
knowing that the cheque will be dishonoured or being reckless as
to whether or not the cheque will be dishonoured and the cheque
is dishonoured; or
(b) having drawn and issued a cheque in order to meet a legal
obligation, does an act knowing that, or being reckless as to
whether or not, that act will cause the cheque to be dishonoured
and the cheque is dishonoured,
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and the obligation is not satisfied within a period of 7 working days after the
cheque is dishonoured, that person commits an offence and is liable on
conviction to the penalties specified in subsection (4).
(2) Without prejudice to the generality of subsection (1), where a person
draws a cheque and the cheque is dishonoured due to the fact that—
(a) the account on which it was drawn is closed;
(b) the right to withdraw from the account concerned has been
suspended; or
(c) the account concerned has insufficient funds,
knowledge or recklessness on the part of that person shall, for the purposes of
subsection (1), be presumed.
(3) It shall not be a defence to a charge under this section to state that the
cheque was drawn in anticipation, reasonable or unreasonable, of funds being
deposited into the account upon which the cheque was drawn.
(4) A person who is convicted of an offence under subsection (1) is
liable—
(a) on summary conviction to imprisonment for a term not exceeding
one year or to a fine not exceeding $3,000, or both; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 5 years or to a fine not exceeding $5,000, or both.
(5) Where a person is convicted of an offence under subsection (1), the
court shall, in addition to a penalty imposed under that subsection, enter civil
judgment in the amount of the cheque for the person in whose favour the cheque
was drawn and grant such other ancillary relief as it thinks fit.
(6) The civil judgment entered under subsection (5) shall be enforceable
as if it were a judgment in civil proceedings.
(Inserted by Act 7 of 2002)

Making off without payment

235. (1) Subject to subsection (3), a person who, knowing that payment on the
spot for any goods supplied or services done is required or expected of him or
her, dishonestly makes off without having paid as required or expected and with
intent to avoid payment of the amount, commits an offence and is liable on
summary conviction to imprisonment for a term not exceeding 6 months or to a
fine not exceeding $500. (Amended by Act 8 of 2006)
(2) For the purposes of this section, “payment on the spot” includes
payment at the time of collecting goods on which work has been done or in
respect of which service has been provided.
(3) Subsection (1) shall not apply where the supply of the goods or the
doing of the service is contrary to law, or where the service is such that payment
is not legally enforceable.
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False accounting
236. (1) A person who dishonestly, with a view to gain for himself, herself or
another or with intent to cause loss to another—
(a) destroys, defaces, conceals or falsifies an account or record or
document made or required for an accounting purpose; or
(b) in furnishing information for any purpose, produces or makes use
of an account or such record or document, which to his or her
knowledge is or may be misleading, false or deceptive in a
material particular,
commits an offence and is liable on conviction on indictment to imprisonment
for a term not exceeding 7 years. (Amended by Act 8 of 2006)
(2) For the purposes of this section, a person who makes or concurs in
making in an account or other document an entry which is or may be misleading,
false or deceptive in a material particular, or who omits or concurs in omitting a
material particular from an account or other document, is to be treated as
falsifying the account or document.

Officers of company liable for certain offences committed by company

237. (1) Where an offence under this Part is committed by a body corporate
and is proved to have been committed with the consent or connivance of a
director, manager, secretary or other similar officer of the body corporate, or a
person who was purporting to act in any such capacity, he or she, as well as the
body corporate, commit the offence and are liable to be proceeded against and
punished accordingly.
(2) Where the affairs of a body corporate are managed by its members,
this section shall apply in relation to the acts or defaults of a member in
connection with his or her functions of management as if he or she were a
director of the body corporate.

False statement by company directors, etc.

238. (1) Where a director or officer (by whatever name called) of a body
corporate or unincorporated association (or person purporting to act as such),
with intent to deceive the members or creditors of the body corporate or
association about its affairs, publishes or concurs in publishing a written
statement, account or other document which to his or her knowledge is or may
be misleading, false or deceptive in a material particular, he or she commits an
offence and is liable on conviction on indictment to imprisonment for a term not
exceeding 7 years. (Amended by Act 8 of 2006)
(2) For the purposes of this section, a person who has entered into a
security for the benefit of a body corporate or association shall be deemed to be a
creditor of it.
(3) Where the affairs of a body corporate or association are managed by
its members, this section shall apply to any statement, account or other document
which a member publishes or concurs in publishing in connection with his or her
functions of management as if he or she were an officer of that body corporate or
association.
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Destruction, etc. of valuable security, or procuring execution of same by

deception
239. (1) A person who dishonestly, with a view to gain for himself, herself or
another, or with intent to cause loss to another, destroys, defaces or conceals a
valuable security, a will or other testamentary document or an original document
of or belonging to, or filed or deposited in, a court of justice or a Government
department, commits an offence and is liable—
(a) on summary conviction to imprisonment for a term not exceeding
3 years; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 7 years.
(Amended by Act 8 of 2006)
(2) A person who dishonestly, with a view to gain for himself, herself or
another, or with intent to cause loss to another, by any deception procures the
execution of a valuable security, commits an offence and is liable—
(a) on summary conviction to imprisonment for a term not exceeding
3 years; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 7 years.
(Amended by Act 8 of 2006)
(3) Subsection (2) shall apply in relation to the making, acceptance,
indorsement, alteration, cancellation or destruction in whole or in part of a
valuable security, and in relation to the signing or sealing of a paper or other
material in order that it may be made or converted into, or used or dealt with as a
valuable security, as if that were the execution of a valuable security.
(4) For the purposes of this section, “deception” has the same meaning as
in section 231 and “valuable security” means a document—
(a) creating, transferring, surrendering or releasing any right to, in or
over property;
(b) authorising the payment of money or delivery of property;
(c) evidencing the creation, transfer, surrender or release of a right,
the payment of money, the delivery of property, or the
satisfaction of an obligation.

Blackmail
240. (1) A person commits the offence of blackmail, if, with a view to gain for
himself, herself or another, or with intent to cause loss to another, he or she
makes any unwarranted demand with menaces.
(2) For the purpose of subsection (1), a demand with menaces is
unwarranted unless the person making it does so in the belief—
(a) that he or she has reasonable grounds for making the demand; and
(b) that the use of menaces is a proper means of reinforcing the
demand.
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(3) The nature of the act or omission demanded is immaterial, and it is

also immaterial whether the menaces relate to action to be taken by the person
making the demand.
(4) A person who commits blackmail is liable on conviction on
indictment to imprisonment for a term not exceeding 14 years. (Amended by Act 8
of 2006)

Handling stolen goods

241. (1) A person handles stolen goods if (otherwise than in the course of
stealing), knowing or believing them to be stolen goods, he or she dishonestly
receives the goods or dishonestly undertakes or assists in their retention,
removal, disposal or realisation by, or for the benefit of another person or if he or
she arranges so to do.
(2) A person who handles stolen goods commits an offence and is
liable—
(a) on summary conviction to imprisonment for a term not exceeding
5 years; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 10 years.
(Amended by Act 8 of 2006)

Provisions relating to stolen goods

242. (1) The provisions of this Code relating to goods which have been stolen
shall apply, whether the stealing occurred in the Territory or elsewhere (and
whether it occurred before or after the commencement of this Code), provided
that the stealing, if not an offence under this Code, amounted to an offence
where and at the time when the goods were stolen, and references to stolen
goods shall be construed accordingly.
(2) For the purposes of those provisions, references to stolen goods shall
include, in addition to the goods originally stolen and parts of them, whether in
their original state or not—
(a) any other goods which directly or indirectly represent or have at
any time represented the stolen goods in the hands of the thief as
being the proceeds of any disposal or realisation of the whole or
part of the goods stolen or of goods so representing the stolen
goods; and
(b) any other goods which directly or indirectly represent or have at
any time represented the stolen goods in the hands of a handler of
the stolen goods, or any part of them, as being the proceeds of any
disposal or realisation of the whole or part of the stolen goods
handled by him or her or of goods so representing them.
(3) Notwithstanding subsections (1) and (2), no goods shall be regarded
as having continued to be stolen goods after they have been restored to the
person from whom they were stolen or to other lawful possession or custody, or
after that person and any other person claiming through him or her have
otherwise ceased, as regards those goods, to have any right to restitution in
respect of the theft.
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(4) For the purposes of the provisions of this Code relating to goods
which have been stolen (including the provisions of this section), goods obtained
in the Territory or elsewhere by blackmail, or in the circumstances referred to in
section 231(1), shall be regarded as stolen, and “steal”, “theft” and “thief” shall
be construed accordingly.

Procedure and evidence in trial for handling stolen goods

243. (1) A number of persons may be charged in one indictment, with
reference to the same theft, with having at different times or at the same time
handled all or any of the stolen goods, and the persons so charged may be tried
together.
(2) On the trial of 2 or more persons charged for jointly handling stolen
goods, the court or the jury, as the case may be, may find any of the accused
guilty if satisfied that he or she handled any of the stolen goods, whether or not
he or she did so jointly with the other accused, or any of them.
(3) Where a person is charged with handling stolen goods (but not with
any offence other than handling stolen goods), then at any stage of the
proceedings, if evidence has been given of his or her having or arranging to have
in his or her possession the goods that are the subject of the charge, or of his or
her undertaking or assisting in, or arranging to undertake or assist in their
retention, removal, disposal or realisation, the following evidence shall be
admissible for the purpose of proving that he or she knew or believed the goods
to be stolen goods—
(a) evidence that he or she has had in his or her possession, or has
undertaken or assisted in the retention, removal, disposal or
realisation of, stolen goods from any theft taking place not earlier
than 12 months before the offence charged; and
(b) evidence that he or she has within the 5 years preceding the date
of the offence charged been convicted of theft or of handling
stolen goods, provided that 7 days’ notice in writing has been
given to him or her of the intention to prove the conviction.
(4) This section shall be construed in accordance with section 242, and in
subsection (3)(b) the references to theft and handling stolen goods shall be
construed to include any corresponding offence committed before the coming
into force of this Code.

Evidence by statutory declaration in certain cases

244. (1) In proceedings for the theft of anything in the course of transmission
(whether by post or otherwise), or for handling stolen goods from that theft, a
statutory declaration made by any person that he or she despatched, or received
or failed to receive any goods or postal packet, or that any goods or postal packet
when despatched or received by him or her were in a particular state or
condition, shall be admissible as evidence of the facts stated in the declaration,
subject to the following conditions—
(a) a statutory declaration shall only be admissible where and to the
extent to which oral evidence to the like effect would have been
admissible in the proceedings; and
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(b) a statutory declaration shall only be admissible if at least 7 days

before the trial of the charge a copy of it has been given to the
accused person and he or she has not, at least 3 days before the
trial or within such other time as the court may in any particular
case allow, given the prosecutor written notice requiring the
attendance at the trial of the person making the declaration.
(2) This section shall be construed in accordance with section 242.

Going equipped to steal, etc.

245. (1) A person commits an offence if, when not at his or her place of abode,
he or she has with him or her an article for use in the course of or in connection
with a burglary, theft or cheat, and is liable—
(a) on summary conviction to imprisonment for a term not exceeding
5 years; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 10 years.
(Amended by Act 8 of 2006)
(2) A person may arrest without warrant anyone who is, or whom he, or
she, with reasonable cause, suspects to be, committing an offence under this
section.
(3) Where a person is charged with an offence under this section, proof
that he or she had with him or her any article made or adapted for use in
committing a burglary, theft or cheat shall be evidence that he or she had it with
him or her for such use.
(4) For the purposes of this section an offence under section 230 shall be
treated as theft.

Forfeiture of article used in committing offences

246. When a person is convicted of an offence under this Part, the court may
order that an article referred to in section 245(1) carried or used in connection
with the offence, or found in possession of or under the control of the person at
the time of his or her arrest, shall be forfeited to the Crown, or returned to the
owner if the article was removed from his or her possession for use in connection
with the offence and without his or her knowledge or consent.

Restitution
247. (1) Where goods have been stolen, and a person is convicted of an
offence under this Part with reference to the theft (whether or not the stealing is
the gist of the offence) or of another offence, but such an offence is taken into
consideration in determining the offender’s sentence, the court, by or before
which the offender is convicted may, on the conviction (whether or not the
passing of the sentence is in other respects deferred) exercise any of the
following powers—
(a) the court may order anyone having possession or control of the
goods to restore them to any person entitled to recover them from
the convicted person;
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(b) on the application of a person entitled to recover from the person

convicted any other goods directly or indirectly representing the
first-mentioned goods (as being the proceeds of any disposal or
realisation of the whole or part of them or of goods so
representing them), the court may order those other goods to be
delivered or transferred to the applicant; or
(c) the court, whether or not an application is made in that behalf,
may order that a sum not exceeding the value of the first-
mentioned goods shall be paid out of any money of the person
convicted which was in his or her possession on his or her
apprehension, to any person who, if those goods were in the
possession of the person convicted, would be entitled to recover
them from the convicted person.
(2) Where under subsection (1) the court has power on the conviction of a
person to make an order against that person both under paragraph (b) and
paragraph (c) thereof with reference to the stealing of the same goods, the court
may make orders under both paragraphs, provided that the person in whose
favour the orders are made does not thereby recover more than the value of those
goods.
(3) Where under subsection (1) the court, on a person’s conviction, makes
an order under paragraph (a) thereof for the restoration of goods, and it appears
to the court that the person convicted—
(a) has sold the goods to a person acting in good faith; or
(b) has borrowed money on the security of them from a person so
acting,
the court may order that there shall be paid to the purchaser or the lender, out of
any money of the person convicted which was taken out of his or her possession
on his or her apprehension, a sum not exceeding the amount paid for the
purchase by the purchaser or, as the case may be, the amount owed to the lender
in respect of the loan.
(4) The powers conferred by subsection (3) may be exercised whether or
not an application in that behalf is made to the court by or on behalf of any
person claiming to be interested in the property concerned.
(5) The court shall not exercise the powers conferred by this section
unless in its opinion the relevant facts appear from the evidence given at the trial
or the available documents, together with admissions made by or on behalf of
any person in connection with any proposed exercise of the powers.
(6) For the purpose of subsection (5), “the available documents” means
any written statements or admissions which were made for use, and would have
been admissible as evidence at the trial, the depositions taken at committal
proceedings and written statements or admissions used as evidence in those
proceedings.
(7) Where a person is committed to the High Court for sentence under the
provisions of the Criminal Procedure (Committal for Sentence) Act, the powers
conferred by this section shall be exercisable by the High Court and not by the
Magistrate’s Court, and the High Court shall be deemed to be the court before
which such person is convicted.
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(8) Where an order is made under this section and the person convicted
successfully appeals against the conviction of the offence on the basis of which
the order was made, the order shall cease to have effect, and a person against
whom such an order is made may appeal against the order as if it was part of the
sentence imposed on the conviction for the offence.

PART XV
FORGERY, COINING AND COUNTERFEITING

Definition of forgery
248. (1) For the purposes of this Code, forgery is the making of a false
document in order that it may be used as genuine, and in the case of seals and
dies referred to in this Part, the counterfeiting of a seal or die, and forgery with
intent to defraud or deceive shall be punishable as in this Part provided.
(2) A document is false within the meaning of this Part if—
(a) the whole or any material part thereof purports to be made by or
on behalf, or on account, of a person who did not make it or
authorise its making;
(b) though made by or on behalf, or on account of the person by
whom or by whose authority it purports to have been made, the
time and place of making, where either is material, or in the case
of a document identified by number or marks, the number of any
distinguishing mark identifying the document, is falsely stated
therein, and in particular, a document is false if—
(i) any material alteration, whether by addition, insertion,
obliteration, erasure, removal or otherwise, has been made in
the document;
(ii) the whole or some material part of it purports to have been
made by, or on behalf of a fictitious or deceased person; or
(iii) though made in the name of an existing person, it is made by
him or by his or her authority, with the intention that it should
pass as having been made by some person, real or fictitious,
other than the person who made or authorised it.
(3) A document may be a false document for the purposes of this Part
notwithstanding that it is not false in such a manner as is described in subsection
(2).
(4) For the purposes of this Part—
(a) it is immaterial in what language a document is expressed or in
what place, whether within or without the Territory, it is
expressed to take effect;
(b) forgery of a document may be complete even if the document
when forged is incomplete, or is not or does not purport to be
such a document as would be binding in law;
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(c) the crossing on a cheque, draft on a banker, post office money

order, postal order, coupon or other document the crossing of
which is authorised or recognised by law, shall be a material part
of such cheque, draft, order, coupon or document;
(d) “document” does not include a trade mark or other sign used in
connection with articles of commerce, although written or
printed;
(e) “currency note” includes notes (by whatever name called) which
are legal tender in the country in which they are issued;
(f) “bank note” includes a note or bill of exchange of a person or
body carrying on banking business in any part of the world.

Intent to defraud
249. (1) An intent to defraud is presumed to exist if it appears that at the time
when the false document was made there was in existence a specific person,
ascertained or unascertained, capable of being defrauded thereby.
(2) The presumption in subsection (1) is not rebutted by proof that the
offender took or intended to take measures to prevent the person from being
defrauded in fact, nor by the fact that he or she had or thought they had a right to
the thing to be obtained by the false document.

Forgery of certain documents with intent to defraud

250. (1) A person who, with intent to defraud, forges any of the following
documents, commits an offence and is liable on conviction on indictment to
imprisonment for life—
(a) a will, codicil or other testamentary document, either of a dead or
a living person, a probate or letters of administration, whether
with or without the will annexed;
(b) a deed or bond, an assignment at law or equity of a deed or bond
or an attestation of the execution of a deed or bond;
(c) a currency note, bank note, an endorsement on or assignment of a
bank note.
(2) A person who, with intent to defraud, forges any of the following
documents, commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 14 years—
(a) a valuable security or assignment thereof or endorsement thereon,
or, where the valuable security is a bill of exchange, an
acceptance thereof;
(b) a document of title to lands or an assignment thereof or
endorsement thereon;
(c) a document of title to goods or an assignment thereof or
endorsement thereon;
(d) a power of attorney or other authority—
(i) to transfer a share or interest in stock, annuity or public fund
of a state or country;
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(ii) to transfer interest in the debt of a public body, company or

society in any country or in the capital stock of such company
or society; or
(iii) to receive a dividend or money payable in respect of such
share or interest, or an attestation of any power of attorney or
other authority;
(e) an entry in a book or register which is evidence of the title of a
person to a share or interest such as is mentioned in this
subsection, or to a dividend or interest payable in respect thereof;
(f) a policy of insurance or assignment thereof;
(g) a charter-party or assignment thereof.
(Amended by Act 8 of 2006)

Forgery of certain documents with intent to defraud or deceive

251. (1) A person who, with intent to defraud or deceive, forges a document
having thereon or affixed thereto the stamp or impression of the Great Seal of the
United Kingdom, Her Majesty’s Privy Seal, a privy signet of Her Majesty, Her
Majesty’s Royal Sign Manual, or any other of Her Majesty’s official seals, or the
seal or signature of the Governor, commits an offence and is liable on conviction
on indictment to imprisonment for life.
(2) A person who, with intent to defraud or deceive, forges any of the
following documents, commits an offence and is liable on conviction on
indictment to imprisonment for a term not exceeding 14 years—
(a) a register or record of births, baptisms, marriages, deaths, burials
or cremations, which is by law authorised or required to be kept
in the Territory, any part of the register or a certified copy of the
register or part thereof;
(b) a copy of a register referred to in paragraph (a) directed or
required by law to be transmitted to a registrar or other officer;
(c) a certified copy of a record or document purporting to be signed
by an officer having charge of public records or documents in the
Territory;
(d) a wrapper or label provided by or under the authority of a customs
officer.
(3) A person who, with intent to defraud or deceive, forges any of the
following documents, commits an offence and is liable on conviction on
indictment to imprisonment for a term not exceeding 7 years—
(a) an official document of or belonging to a court of justice, or made
or issued by a judge, magistrate, justice of the peace, clerk or
officer of that court;
(b) a register or book kept under the provisions of a law in or under
the authority of a court of justice;
(c) a certificate, office copy or certified copy of such document,
register or book, or any part thereof, as is mentioned in paragraph
(a) or (b);
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(d) any other document which a judge, magistrate, or justice of the

peace is authorised or required by law to make or issue;
(e) a document which a person authorised to administer an oath under
a law in force in the Territory is authorised or required by law to
make or issue;
(f) a document made or issued by the head of a department of
Government or by the Attorney General or any other legal officer
in the public service, or any document upon which, by law or
usage in force at the time, a court of justice or public officer
might act;
(g) a document or copy of a document used or intended to be used in
evidence in a court of justice or a document which is made
evidence by law;
(h) a certificate or consent required by a law relating to the
celebration of marriage;
(i) a licence for the celebration of marriage authorised to be issued
by a law relating to the celebration of marriage;
(j) a certificate, declaration or order under a law relating to the
registration of births or deaths;
(k) a register, book, certificate, declaration, bill of sale, instrument or
certificate of mortgage or sale under a law relating to merchant
shipping, or an entry or endorsement required by such law to be
made in or on any of those documents;
(l) a permit, certificate or similar document made or issued under the
Customs Management and Duties Act;
(m) a official certificate not specified in this subsection;
(n) a copy of the Gazette or of an Act or Ordinance or subsidiary
legislation made thereunder;
(o) a document purporting to be printed by the Government Printer.
(Amended by Act 8 of 2006)

Forging or uttering forged court documents

252. A person who, being the clerk of a court or other officer having the
custody of the records of a court, or a person acting on behalf of such clerk or
officer—
(a) makes or utters a false process or a false copy or certificate of a
record knowing the same to be false;
(b) delivers or causes to be delivered to any person a paper falsely
purporting to be any such process or a copy thereof or to be a
judgment, decree or order of a court, or a copy thereof, knowing
the same to be false; or
(c) who acts or professes to act under any such false process knowing
the same to be false, commits an offence and is liable on
conviction on indictment to imprisonment for a term not
exceeding 7 years. (Amended by Act 8 of 2006)
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Forging or uttering forged documents relating to registration of births,

marriages and deaths
253. A person who knowingly and unlawfully inserts, or causes or permits to
be inserted, in a register of births, baptisms, marriages, deaths or burials, which
is by law authorised or required to be kept in the Territory, or in any certified
copy thereof—
(a) a false entry or any matter relating to a birth, baptism, marriage,
death or burial;
(b) knowingly gives a false certificate relating to any such
occurrence;
(c) certifies any writing to be a copy of or extract from the register,
knowing such writing or the part of the register in which the copy
or extract is given, is false in any material particular; or
(d) offers, utters, disposes of or puts off the register, entry, certified
copy or certificate or a copy thereof knowing the same to be false,
commits an offence and is liable on conviction on indictment to imprisonment
for life. (Amended by Act 8 of 2006)

Forgery of, and other offences relating to, passports

254. A person who—
(a) forges a passport; or
(b) makes a statement which to his or her knowledge is untrue, for the
purpose of procuring the issue of a passport, whether for himself,
herself or for another person;
(c) alters a passport, whether by addition, insertion, obligation,
erasure, removal or otherwise;
(d) destroys, makes away with or by wilful neglect allows another
person to obtain possession of, a passport;
(e) is in unlawful possession of a passport or, being the lawful holder
of a passport, parts with the possession of the passport to another
person without lawful authority or for an unlawful purpose; or
(f) on finding a passport, neglects or fails, within 7 days of the
finding thereof, to deliver the passport to the Chief Immigration
Officer or to the Officer in charge of the nearest Police Station,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 2 years or to a fine not exceeding $2,000, or both. (Amended
by Act 8 of 2006)

Forgery of other documents with intent to defraud or deceive

255. (1) A person who, with intent to defraud or deceive, forges a public or
private document which is not made an offence under any other provision of this
Part, commits an offence and is liable on summary conviction to imprisonment
for a term not exceeding 2 years or to a fine not exceeding $2,000, or both.
(Amended by Act 8 of 2006)
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(2) For the purposes of this section, a person who certifies a document as
being a true copy of, or extract from, any other document, knowing the same not
to be a true copy or extract in a material respect, shall be deemed to have forged
that copy or extract.

Forgery of seals and dies

256. (1) A person who forges any of the following seals with intent to defraud
or deceive, commits an offence and is liable on conviction on indictment to
imprisonment for life—
(a) the Great Seal of the United Kingdom, Her Majesty’s Privy Seal,
a privy signet of Her Majesty, Her Majesty’s Royal Sign Manual,
or any other of Her Majesty’s seals or the seal of the Governor;
(b) the seal of a court of justice.
(2) A person who forges any of the following seals or dies, with intent to
defraud or deceive, commits an offence and is liable on conviction on indictment
to imprisonment for a term not exceeding 14 years—
(a) the seal of a registry office relating to births, baptisms, marriages
or deaths;
(b) a seal of or belonging to an office for the registry of deeds or of
title to land or an interest in land;
(c) the seal of a notary public;
(d) a die provided for, made or used by the Accountant General or an
officer of customs;
(e) a die which is or has by law, whether within the Territory or
elsewhere, to be used for the marking or stamping of gold or
silver plate or any articles made of or containing gold or silver;
(f) a stamp or die made or used for the purposes of the Post Office
Act or the Stamp Act.
(Amended by Act 8 of 2006)

Uttering forged document, etc.

257. (1) A person who knowingly, with intent to deceive or defraud, utters a
forged document, seal or die, commits an offence and is liable on conviction to
the same punishment as if he or she had himself or herself forged the document,
seal or die.
(2) A person utters a forged document, seal or die, who, knowing the
same to be forged, and with either of the intents necessary to constitute the
offence of forging the document, seal or die in question, uses, offers, publishes,
delivers, disposes of, tenders in payment or in exchange, exposes for sale or
exchange, exchanges, tenders in evidence, or puts off the said forged document,
seal or die.
(3) A person may be convicted in the Territory of an offence under
subsection (1) whether the document, seal or die was forged within the Territory
or elsewhere, if it was uttered in the Territory.
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Uttering cancelled or spent documents

258. A person who knowingly utters, as and for a subsisting and effectual
document, a document which has by a lawful authority been ordered to be
revoked, cancelled or suspended, or the operation of which has ceased by lapse
of time, or by death or the happening of any other event, commits an offence and
is liable on conviction to the same punishment as if he or she had himself or
herself forged the document.

Mode of trial re. uttering

259. A person who is charged with the offence of uttering a document, seal or
die contrary to section 257(1) or 258 shall be tried in the same manner as he or
she would have been tried if he or she were charged with forging that document,
seal or die. (Inserted by Act 8 of 2006)

Demanding property on forged document

260. A person who, with intent to defraud, demands, receives or obtains, or
causes or procures to be delivered, paid or transferred to any person or
endeavours to receive or obtain or to cause or procure to be delivered, paid or
transferred to any person, money, security for money or other property, real or
personal—
(a) under, upon, or by virtue of any forged instrument, knowing the
same to be forged; or
(b) under, upon, or by virtue of any probate or letters of
administration, knowing the will, testament, codicil or
testamentary writing on which the probate or letters of
administration have been obtained to have been forged, or
knowing the probate or letters of administration to have been
obtained by a false oath, affirmation or affidavit,
commits an offence and is liable on conviction on indictment to imprisonment
for a term not exceeding 14 years. (Amended by Act 8 of 2006)

Possession of forged notes, documents seals or dies

261. (1) A person who, without lawful authority or excuse, the proof of which
lies upon him or her, imports into the Territory, purchases or receives from any
person, or has in his or her custody or possession a forged currency note or bank
note, knowing the same to be forged, commits an offence and is liable on
conviction on indictment to imprisonment for a term not exceeding 14 years.
(Amended by Act 8 of 2006)
(2) A person who, without lawful authority or excuse, the proof which
lies upon him or her, knowing the same to be forged, has in his or her custody or
possession—
(a) a forged die required or authorised by law (including the law of a
country outside the Territory) to be used for the marking of gold
or silver plate, or articles made of or containing gold or silver, or
ware of gold or silver or base metal bearing the impression of any
such forged die;
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(b) a forged stamp or die resembling or purporting to represent a

stamp or die made or used for the purposes of the Post Office Act
or the Stamp Act; or
(c) a forged wrapper, label or authority resembling or purporting to
represent a wrapper, label or authority provided by or under the
authority of a customs officer or the Accountant General;
commits an offence and is liable on conviction on indictment to imprisonment
for a term not exceeding 14 years. (Amended by Act 8 of 2006)
(3) Where the having of a document, seal or die in the custody or
possession of a person is an offence under this Part, the person shall be deemed
to have that thing in his or her possession if—
(a) he or she has it in his or her personal custody or possession; or
(b) knowingly and wilfully, he or she has it in the actual custody or
possession of another person, or in a place, whether open or
closed, or a building or structure, whether belonging to or
occupied by himself or herself or not.
(4) It is immaterial whether the thing is had in such custody, possession
or place for the use of himself, herself or another person.

Making or having possession of implements or materials for forgery

262. (1) A person who, without lawful authority or excuse, the proof of which
lies upon him or her—
(a) makes, uses, or knowingly has in his or her custody or possession,
a paper intended to resemble and pass as—
(i) special paper such as is provided and used for making a
currency note, bank note or government bill; or
(ii) revenue paper;
(b) makes, uses, or knowingly has in his or her custody or possession,
a frame, mould or instrument for making revenue paper or for
producing in or on such paper words, figures, letters, marks, lines
or devices peculiar to or used in or on such paper;
(c) engraves or in any manner makes on a substance or material
words, figures, letters, marks, lines or devices, the print of which
resembles in whole or in part words, figures, letters, marks, lines
or devices peculiar to or used in or on a currency note or bank
note, or in or on a document entitling or evidencing or purporting
to entitle or evidence the title of any person to a share or interest
in any public stock, annuity, fund or debt of a body corporate,
company or society established in any country; or
(d) uses or knowingly has in his or her custody or possession paper
upon which anything referred to in paragraph (c) has been printed
or in any manner made as is mentioned in this subsection,
commits an offence and is liable on conviction on indictment to imprisonment
for a term not exceeding 7 years. (Amended by Act 8 of 2006)
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(2) In this section, “revenue paper” means paper provided by the proper
authority for use for stamps, licences, permits, post office money orders, or for
any purpose connected with the public revenue of the Territory or another
country.

Unauthorised possession of paper, etc. used for manufacture of currency

notes
263. A person who, without lawful authority or excuse, the proof of which lies
upon him or her, acquires, receives, or knowingly has in his or her custody or
possession—
(a) special paper or revenue paper referred to in section 262(1) before
it has been duly stamped, signed and issued for public use;
(b) die peculiarly used in the manufacture of such paper;
(c) a facsimile of the signature on, or the design of, any currency note
which is legal tender in the Territory; or
(d) a unfinished or incomplete currency note purporting to be similar
to a currency note which is legal tender in the Territory,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 2 years. (Amended by Act 8 of 2006)

Interpretation of terms relating to coining offences

264. For the purposes of this Part—
(a) a coin shall be deemed to be current if at the material time it is
legal tender in the Territory or elsewhere;
(b) a coin apparently intended to resemble or pass as a current coin
shall be deemed to resemble that coin;
(c) a current coin which has been gilt, silvered, washed, coloured or
cased over, or in any manner altered so as to resemble any current
coin of a higher denomination shall be deemed to be a false or
counterfeit coin resembling a current gold or silver coin;
(d) references to silver coin shall be deemed to include coin of cupro
nickel;
(e) a thing shall be deemed to be in the possession of a person if—
(i) he or she has it in his or her personal custody or possession;
or
(ii) knowingly and wilfully, he or she has it in the actual custody
or possession of another person or in any place, whether open
or enclosed, or a building or structure, whether belonging to
or occupied by himself or herself or not, and
it is immaterial whether the thing is had in such custody, possession or place for
the use of himself, herself or another.
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Counterfeiting coin
265. (1) A person who falsely makes or counterfeits any coin resembling a
current coin, commits an offence and is liable on conviction on indictment—
(a) in the case where the coin resembles a current gold or silver coin,
to imprisonment for life; and
(b) in the case where the coin resembles a current coin made of metal
other than gold or silver, to imprisonment for a term not
exceeding 7 years.
(Amended by Act 8 of 2006)
(2) The offence of falsely making or counterfeiting a coin is deemed to be
complete although the coin made or counterfeiting thereof has not been finished
or perfected.

Impairing, etc., current coin

266. (1) A person who impairs, diminishes or lightens a current gold or silver
coin with intent that the coin so impaired, diminished or lightened may pass for a
current gold or silver coin, commits an offence and is liable on conviction on
indictment to imprisonment for a term not exceeding 14 years.
(2) A person who unlawfully has in his or her possession any filing or
clipping, or gold or silver bullion, or gold or silver dust, solution or otherwise,
which has been produced or otherwise obtained by impairing, diminishing or
lightening current gold or silver coin, knowing that it has been so produced or
obtained, commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 7 years.
(Amended by Act 8 of 2006)

Uttering and possession of coin with intent to utter

267. (1) A person who tenders, utters or puts off any false or counterfeit coin
resembling current gold or silver coin, knowing it to be false or counterfeit,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding one year or to a fine not exceeding $1,000, or both. (Amended
by Act 8 of 2006)
(2) A person who tenders, utters or puts off false counterfeit coin
resembling current gold or silver coin, knowing it to be false or counterfeit,
and—
(a) at the time of the tendering, uttering or putting off, has in his or
her possession, beside that coin, any other false or counterfeit
coin, or
(b) at the date of the tendering, uttering or putting off, or within the
period of 10 days next following that date, tenders, utters or puts
off any other such false or counterfeit coin, knowing it to be false
or counterfeit,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 2 years or to a fine not exceeding $2,000, or both. (Amended
by Act 8 of 2006)
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(3) A person who has in his or her possession 3 or more false or

counterfeit coins resembling current gold or silver coin, knowing them to be
false or counterfeit, and with intent to utter or put off those coins, or any of them,
commits an offence and is liable on conviction on indictment to imprisonment
for a term not exceeding 5 years. (Amended by Act 8 of 2006)
(4) A person who has in his or her possession 3 or more false or
counterfeit coins resembling current coin not made of gold or silver, knowing
them to be false or counterfeit, and with intent to utter or put off those coins, or
any of them, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding one year or to a fine not exceeding
$1,000, or both. (Amended by Act 8 of 2006)
(5) A person who commits—
(a) an offence under subsection (1) in respect of a coin resembling a
current gold or silver coin; or
(b) an offence under subsection (2) or (3),
having previously been convicted of any such offence or of any other offence
under this Part, commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 14 years. (Amended by Act 8 of 2006)
(6) A person who, with intent to defraud, tenders, utters or puts off as for
a current gold or silver coin—
(a) a coin not being that current coin and being of less value than that
current coin; or
(b) a metal or piece of metal or mixed metals resembling in size,
figure or colour that current coin,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding one year or to a fine not exceeding $1,000, or both. (Amended
by Act 8 of 2006)
(7) The offence of tendering, uttering or putting off a false or counterfeit
coin is deemed to be complete although the coin is not in a fit state to be uttered
or the counterfeiting thereof has not been finished or perfected.

Dealing in counterfeit coin

268. (1) A person who, without lawful authority or excuse, the proof of which
lies on him or her, buys, sells, receives, pays or puts off, or offers to buy, sell,
receive, pay or put off, a false or counterfeit coin resembling a current coin at or
for a lower rate of value than the false or counterfeit coin imports or apparently
is intended to import, commits an offence and is liable on conviction on
indictment to imprisonment for a term not exceeding 7 years. (Amended by Act 8
of 2006)
(2) An offence under this section shall be deemed to be complete
although the coin involved in the offence is not in a fit state to be uttered or the
counterfeiting thereof has not been finished or perfected.
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Importing and exporting counterfeit coin

269. (1) A person who, without lawful authority or excuse, the proof of which
lies on him or her—
(a) imports or receives into the Territory a false or counterfeit coin
resembling a current coin, knowing it to be false or counterfeit; or
(b) exports from the Territory, or puts on board an aircraft or vessel
for the purpose of being so exported, a false or counterfeit coin
resembling a current coin, knowing it to be false or counterfeit,
commits an offence and is liable on conviction on indictment to imprisonment
for a term not exceeding 7 years. (Amended by Act 8 of 2006)
(2) The provisions of this section shall be without prejudice to provisions
of a law relating to customs under which there is a prohibition of importation or
exportation of false or counterfeit coin, currency or metal tokens resembling
coin, or coin which is not of the established standard in weight or fineness.

Making, possessing and selling articles resembling gold or silver coin

270. A person who, without lawful authority or excuse, the proof of which lies
on him or her, makes, sells, offers for sale or has in his or her possession for sale,
medal, cast, coin or other thing made wholly or partially of metal or a mixture of
metals—
(a) resembling in size, figure and colour current gold or silver coin;
(b) having thereon a device resembling a device on a current coin; or
(c) being so formed that it can, by gilding, silvering, colouring,
washing or other like process be so dealt with as to resemble a
current coin,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding one year. (Amended by Act 8 of 2006)

Making, possessing, etc., implements for coining

271. (1) A person who, without lawful authority or excuse, the proof of which
lies on him or her, knowingly makes or mends, or begins to make or mend, or
buys or sells, or has in his or her possession, a puncheon, counter puncheon,
matrix, stamp, die, pattern or mould in or upon which there is made or
impressed, or which will make or impress, or which is adapted and intended to
make or impress, the figure, stamp, or apparent resemblance of both or either of
the sides of a current gold or silver coin, commits an offence and is liable on
conviction on indictment to imprisonment for a term not exceeding 14 years.
(2) A person who, without lawful authority or excuse, the proof of which
lies on him or her, makes or mends, or begins to make or mend, or buys or sells,
or has in his or her possession—
(a) an edger, edging or other tool, collar, instrument or engine
adapted and intended for the marking of coin round the edges
with letters, grainings or other marks or figures apparently
resembling those on the edges of a current gold or silver coin,
knowing it to be so adapted and intended; or
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(b) a press for coinage, or a cutting engine for cutting by force of a

screw, or of a contrivance, round blanks out of gold, silver or
other metal or mixture of metals, or any other machine, knowing
the press to be a press for coinage or knowing the engine or
machine to have been used or to be intended to be used for the
false making or counterfeiting of a current gold or silver coin,
commits an offence and is liable on conviction on indictment to imprisonment
for a term not exceeding 14 years.
(3) A person who, without lawful authority or excuse, the proof of which
lies on him or her, knowingly makes or mends, or begins to make or mend, or
buys or sells or has in his or her possession, an instrument, tool or engine
adapted and intended for the counterfeiting of a current coin, which is not a
current gold or silver coin, commits an offence and is liable on conviction on
indictment to imprisonment for a term not exceeding 7 years.
(Amended by Act 8 of 2006)

Defacing and uttering defaced coins

272. (1) A person who defaces a current coin by stamping thereon names or
words, whether or not the coin is thereby diminished or lightened, commits an
offence and is liable on summary conviction to imprisonment for a term not
exceeding one year or to a fine not exceeding $1,000, or both. (Amended by Act 8
of 2006)
(2) A tender of payment in money made in a coin which has been defaced
as is mentioned in subsection (1) is not legal tender.
(3) A person who tenders, utters or puts off a coin which has been
defaced as is mentioned in subsection (1), commits an offence and is liable on
summary conviction to a fine not exceeding $100. (Amended by Act 8 of 2006)
(4) No proceedings for an offence under this section shall be instituted
without the consent of the Director of Public Prosecutions.

Melting down currency

273. A person who melts down, breaks up or uses otherwise than as currency, a
current coin which is legal tender in the Territory, commits an offence and is
liable on summary conviction to imprisonment for a term not exceeding 6
months or to a fine not exceeding $500. (Amended by Act 8 of 2006)

Mutilating or defacing currency notes

274. A person who, without lawful authority or excuse, the proof of which lies
on him or her , mutilates, perforates or in any way defaces a currency note or
blank note, which is legal tender in the Territory, whether by writing, printing,
drawing or stamping thereon, or by attaching or affixing thereto anything in the
nature or form of an advertisement, commits an offence and is liable on
summary conviction to a fine not exceeding $200. (Amended by Act 8 of 2006)

Imitation of currency
275. (1) A person who, without lawful authority or excuse, the proof of which
lies on him or her, sells or offers or exposes for sale any article which bears a
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design in imitation of a currency note, blank note or coin which is legal tender in
the Territory or elsewhere, commits an offence and is liable on summary
conviction to imprisonment for a term not exceeding 6 months or to a fine not
exceeding $500, or both. (Amended by Act 8 of 2006)
(2) A person who makes or causes to be made, or uses for any purpose, a
document purporting to be, or in any way resembling, or so nearly resembling as
to be calculated to deceive, a currency note which is legal tender in the Territory
or elsewhere, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 6 months or to a fine not exceeding $500
in respect of each such document. (Amended by Act 8 of 2006)
(3) A person whose name appears on a document the making of which is
an offence under this section who, when requested so to do by a police officer,
refuses to disclose the name and address of the person by whom it was made,
commits an offence and is liable on summary conviction to a fine not exceeding
$200. (Amended by Act 8 of 2006)
(4) Where the name of a person appears on a document in respect of
which a person is liable to be charged with an offence under this section, or on
any other document used or distributed in connection with that document, it shall
be prima facie evidence that that person caused the document to be made.

Forfeiture of articles used in relation to offences under this Part

276. Where a forged bank note, currency note, counterfeit coin or machinery,
implement, utensil or material used or intended to be used for the forging of a
bank note or currency note or for counterfeiting a coin, is seized under a search
warrant or by a police officer—
(a) it shall be forfeited by order of the court before which the
offender is tried; or
(b) if there is no trial, by order of the court issuing the search warrant,
or in the case of seizure by a police officer, otherwise than in
exercise of powers conferred by a court, shall be disposed of in
such manner as the Governor, or any person authorised by him or
her in that behalf, may direct and shall be deemed forfeited.

PART XVI
PERSONATION

Personation in general
277. (1) A person who, with intent to defraud another person, falsely
represents himself or herself to be some other person, living or dead and whether
fictitious or not, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding one year or to a fine not exceeding
$1,000, or both. (Amended by Act 8 of 2006)
(2) If the representation under subsection (1) is that the person making
the representation is a person entitled, by will or operation of law, to a specific
property and is made in order to obtain such property or possession thereof, the
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person is liable on conviction on indictment to imprisonment for a term not

exceeding 7 years. (Amended by Act 8 of 2006)

Lending, or personating person named in, certificate, etc.

278. (1) A person who utters a document which has been issued by a lawful
authority to another person, whereby that other person is certified to be—
(a) a person possessed of a qualification recognised by law for a
purpose;
(b) the holder of an office;
(c) entitled to exercise a profession, trade or business;
(d) entitled to a right or privilege or to enjoy a rank or status,
and falsely represents himself or herself to be the person named in the document,
commits an offence of the same kind and is liable on conviction on indictment to
the same punishment as if he or she had forged the document.
(2) A person to whom a document has been issued by lawful authority
certifying him or her to be—
(a) a person possessed of a qualification recognised by law for a
purpose;
(b) the holder of an office;
(c) entitled to exercise a profession, trade or business;
(d) entitled to a right or privilege, or to enjoy a rank or status,
sells, gives or lends the document to another person with intent that that other
person may represent himself or herself to be the person named therein, commits
an offence and is liable on conviction on indictment to imprisonment for a term
not exceeding 7 years.
(Amended by Act 8 of 2006)

Personation in respect of a testimonial

279. (1) A person who, for the purpose of obtaining employment for himself
or herself, utters any document of a testimonial character given to another
person, falsely pretending that he or she is the person named in the document,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding one year or to a fine not exceeding $1,000, or both.
(2) A person who, being a person to whom a document of a testimonial
character has been given, gives, sells or lends such document to another person
with the intent that the other person may utter the document for the purpose of
obtaining employment for himself or herself or for another, commits an offence
and is liable on summary conviction to imprisonment for a term not exceeding
one year or to a fine not exceeding $1,000, or both.
(Amended by Act 8 of 2006)

Falsely acknowledging recognizances, etc.

280. A person who, without lawful authority or excuse, the proof of which lies
upon him or her, makes in the name of another person, before a court or person
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authorised by law to take such acknowledgement, an acknowledgment of

liability of any kind, or an acknowledgment of a deed or other instrument,
commits an offence and is liable on conviction on indictment to imprisonment
for a term not exceeding 7 years. (Amended by Act 8 of 2006)

PART XVII
CRIMINAL DAMAGE AND SIMILAR OFFENCES

Destroying or damaging property

281. (1) A person who, without lawful excuse, destroys or damages property
belonging to another intending to destroy or damage such property, or being
reckless as to whether the property would be destroyed or damaged, commits an
offence.
(2) A person commits an offence if he or she, without lawful excuse,
destroys or damages property, whether belonging to himself, herself or
another—
(a) intending to destroy or damage property, or being reckless as to
whether property would be destroyed or damaged; and
(b) intending by the destruction or damage to endanger the life of
another, or being reckless as to whether the life of another would
thereby be endangered.
(3) An offence committed under this section by destroying or damaging
property by fire shall be charged as arson.
(4) A person who commits arson under subsection (1) or an offence under
subsection (2) is liable on conviction on indictment to imprisonment for life, and
a person who commits any other offence under this section is liable—
(a) on summary conviction to imprisonment for a term not exceeding
5 years; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 10 years.
(Substituted by Act 8 of 2006)

Threats to destroy or damage property

282. (1) A person who, without lawful excuse, makes to another a threat,
intending that that other would fear that it would be carried out—
(a) to destroy or damage property belonging to that other or a third
person; or
(b) to destroy or damage his or her own property in a way which he
or she knows is likely to endanger the life of that other or a third
person,
commits an offence.
(Amended by Act 8 of 2006)
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(2) A person who commits an offence under subsection (1) is liable—

(a) on summary conviction to imprisonment for a term not exceeding
3 years; and
(b) on conviction on indictment for a term not exceeding 10 years.
(Inserted by Act 8 of 2006)

Possessing anything with intent to destroy or damage property

283. (1) A person who has anything in his or her custody or under his or her
control intending, without lawful excuse, to use it or cause or permit another to
use it—
(a) to destroy or damage property belonging to some other person; or
(b) to destroy or damage property, whether belonging to himself
herself, or another, in a way which he or she knows is likely to
endanger the life of some other person,
commits an offence.
(Amended by Act 8 of 2006)
(2) A person who commits an offence under subsection (1) is liable—
(a) on summary conviction to imprisonment for a term not exceeding
3 years; and
(b) on conviction on indictment for a term not exceeding 10 years.
(Inserted by Act 8 of 2006)

Without lawful excuse

284. (1) This section applies to an offence under section 281, and an offence
under section 282 or 283 other than one involving a threat by the person charged
to destroy or damage property in a way which he or she knows is likely to
endanger the life of another, or involving an intent by the person charged to use
or permit the use of something in his or her custody or under his or her control so
to destroy or damage property.
(2) A person charged with an offence to which this section applies,
whether or not he or she would be treated for the purposes of this Part as having
a lawful excuse apart from this subsection, shall be treated for those purposes as
having a lawful excuse—
(a) if at the time of the act alleged to constitute the offence he or she
believed that the person whom he or she believed to be entitled to
consent to the destruction of or damage to the property in
question had so consented, or would have so consented to it if he
or she had known of the destruction or damage and its
circumstances; or
(b) if he or she—
(i) destroyed or damaged or threatened to destroy or damage the
property in question; or
(ii) in the case of a charge of an offence under section 267,
intended to use or cause or permit the use of something to
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destroy or damage it, in order to protect property belonging to

himself, herself, or another, or a right or interest in property
which was, or which he or she believed to be, vested in
himself, herself or another, and at the time of the acts alleged
to constitute the offence he or she believed
(A) that the property, right or interest was in immediate need of
protection; and
(B) that the means of protection adopted or proposed to be
adopted were or would be reasonable having regard to all
the circumstances.
(3) For the purposes of this section, it is immaterial whether a belief is
justified or not if it is honestly held.
(4) For the purposes of subsection (2), a right or interest in property
includes any right or privilege in or over land, whether created by grant, licence
or otherwise.
(5) This section shall not be construed as casting doubt on any defence
recognised by law as a defence to a criminal charge.

“Property”
285. (1) For the purposes of this Part—
(a) “property” means property of a tangible nature, whether real or
personal, including money, growing crops, trees and other
vegetable products and wild creatures which have been tamed or
are ordinarily kept in captivity and any other wild creatures or
their carcasses if they have been reduced into possession which
has not been lost or abandoned, or are in the course of being
reduced into possession;
(b) property shall, subject to paragraph (c), be treated as belonging to
a person—
(i) having the custody of it;
(ii) having in it a proprietary right or interest (not being an
equitable interest arising only from an agreement to transfer
or grant an interest); or
(iii) having a charge on it;
(c) a tenant, under whatever form of tenure, may be convicted of an
offence under this Part in respect of the property of his or her
landlord notwithstanding that at the time of the offence the tenant
had the custody of such property;
(d) placing in or allowing a noxious substance to enter, a pond, river,
well or watercourse shall be deemed to cause damage to the
property of the owner or of any other person who has a right to
use that pond, river, well or watercourse for any purpose.
(2) Where property is subject to a trust, the person to whom it belongs
shall be deemed to include any person having a right to enforce the trust.
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(3) Property of a corporation sole shall be treated as belonging to the

corporation notwithstanding a vacancy in the corporation.

Award of compensation in case of a conviction of an offender under

section 281
286. On conviction of any person of an offence of destroying or damaging the
property of another under section 281, the court may make a compensation order
requiring him or her to pay compensation in respect of an injury, loss or damage
arising from the offence.

Powers of search
287. (1) Without prejudice to the power to issue a search warrant under any
law, if it is made to appear by information on oath before a magistrate or a
justice of the peace that there is reasonable cause to believe that any person has
in his or her custody or under his or her control or on his or her premises
anything which there is reasonable cause to believe is intended for use without
lawful excuse—
(a) to destroy or damage property belonging to another; or
(b) to destroy or damage property in a way likely to endanger the life
of another,
the magistrate or the justice of the peace, as the case may be, may grant a
warrant authorising a police officer to search for and seize that thing.
(2) A police officer who is authorised to search premises under a warrant
issued under this section may enter, if necessary by force, and search the
premises accordingly and may seize anything which he or she believes to be
intended to be used as mentioned in subsection (1).

Casting away ships, etc.

288. A person commits an offence and is liable on conviction on indictment to
imprisonment for life, if he or she wilfully and unlawfully—
(a) casts away or destroys an aircraft, vehicle or vessel, whether or
not the same is in a complete state; or
(b) does an act which leads to the immediate loss or destruction of
any aircraft, vehicle or vessel, whether or not the same is in a
complete state.
(Amended by Act 8 of 2006)
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PART XVIII
COMPUTER AND COMPUTER-RELATED OFFENCES

Definitions
289. In this Part, unless the context otherwise requires—
“computer data” means any representation of facts, information or concepts in a
form suitable for processing in a computer system, including a
programme suitable to cause a computer system to perform a function;
“computer data storage medium” means an article or material from which
information is capable of being reproduced, with or without the aid of any
other article or device;
“computer system” means a device or a group of inter-connected or related
devices, including the Internet, one or more of which, pursuant to a
programme, performs automatic processing of data or any other function;
“seize” includes—
(a) make and retain a copy of computer data, including by using on-
site equipment;
(b) render inaccessible, or remove, computer data in the accessed
computer system; and
(c) take a printout of output of computer data;
“service provider” means—
(a) a public or private entity that provides to users of its services the
ability to communicate by means of a computer system; and
(b) any other entity that processes or stores computer data on behalf
of that entity or those users;
“thing” includes—
(a) a computer system or part of a computer system; and
(b) another computer system, if—
(i) computer data from that computer system is available to the
first computer system being searched;
(ii) there are reasonable grounds for believing that the computer
data sought is stored in the other computer system; and
(c) a computer data storage medium; and
“traffic data” means computer data that—
(a) relates to a communication by means of a computer system;
(b) is generated by a computer system that is part of the chain of
communication; and
(c) shows the communication’s origin, destination, route, time, date,
size, duration or the type of underlying services.
(Inserted by Act 3 of 2007)
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Application of Part
290. This Part applies to an act done or an omission made—
(a) in the Virgin Islands;
(b) on a ship or aircraft registered in the Virgin Islands;
(c) outside the jurisdiction of any country by a person who is deemed
to belong to, or is resident in, the Virgin Islands; or
(d) outside the Virgin Islands by a person who is deemed to belong
to, or is resident in, the Virgin Islands, if the person’s conduct
would also constitute an offence under a law of the country where
the offence was committed.
(Inserted by Act 3 of 2007)

Illegal access
291. A person who intentionally, without lawful excuse or justification,
accesses the whole or part of a computer system commits an offence and is
liable—
(a) on summary conviction, to imprisonment for a term not exceeding
3 years or to a fine not exceeding $7,000, or both; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding 5 years or to a fine not exceeding $10,000, or both.
(Inserted by Act 3 of 2007)

Interfering with data

292. (1) A person who, intentionally or recklessly, without lawful excuse or
justification, does any of the following acts—
(a) destroys or alters computer data;
(b) renders computer data meaningless, useless or ineffective;
(c) obstructs, interrupts or interferes with the lawful use of computer
data;
(d) obstructs, interrupts or interferes with any person in the lawful use
of computer data; or
(e) denies access to computer data to any person entitled to it,
commits an offence and is liable—
(i) on summary conviction, to imprisonment for a term not
exceeding 3 years or to a fine not exceeding $7000, or both;
or
(ii) on conviction on indictment, to imprisonment for a term not
exceeding 5 years or to a fine not exceeding $10,000, or both.
(2) Subsection (1) applies whether the person’s act is of temporary or
permanent effect.
(Inserted by Act 3 of 2007)
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Interfering with computer system

293. (1) A person who intentionally or recklessly, without lawful excuse or
justification—
(a) hinders or interferes with the functioning of a computer system; or
(b) hinders or interferes with a person who is lawfully using or
operating a computer system,
commits an offence and is liable—
(i) on summary conviction, to imprisonment for a term not
exceeding 3 years or to a fine not exceeding $7,000, or both;
or
(ii) on conviction on indictment, to imprisonment for a term not
exceeding 5 years or to a fine not exceeding $10,000, or both.
(2) In subsection (1), “hinder”, in relation to a computer system, includes,
but is not limited to—
(a) cutting the electricity supply to a computer system;
(b) causing electromagnetic interference to a computer system;
(c) corrupting a computer system by any means; and
(d) inputting, deleting or altering computer data.
(Inserted by Act 3 of 2007)

Illegal interception of data, etc.

294. A person who intentionally, without lawful excuse or justification,
intercepts by technical means—
(a) non-public transmission to, from or within, a computer system; or
(b) electromagnetic emissions from a computer system that are
carrying computer data,
commits an offence and is liable—
(i) on summary conviction, to imprisonment for a term not
exceeding 3 years or to a fine not exceeding $7,000, or both;
or
(ii) on conviction on indictment, to imprisonment for a term not
exceeding 5 years or to a fine not exceeding $10,000, or both.
(Inserted by Act 3 of 2007)

Dissemination of unlawfully acquired computer data

295. A person who receives computer data knowing, or having a reasonable
suspicion, that the computer data was unlawfully acquired and who provides that
computer data to another person for any purpose, other than for the purpose of a
criminal investigation or court proceedings, commits an offence and is liable—
(a) on summary conviction, to imprisonment for a term not exceeding
3 years or to a fine not exceeding $7,000, or both; or
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(b) on conviction on indictment, to imprisonment for a term not

exceeding 5 years or to a fine not exceeding $10,000, or both.
(Inserted by Act 3 of 2007)

Illegal devices
296. (1) A person commits an offence if the person—
(a) intentionally or recklessly, without lawful excuse or justification,
produces, sells, procures for use, imports, exports, distributes or
otherwise makes available—
(i) a device, including a computer programme, that is designed
or adapted for the purpose of committing an offence under
sections 291 to 295; or
(ii) a computer password, access code or similar data by which
the whole or any part of a computer system is capable of
being accessed, with the intent that it be used by any person
for the purpose of committing an offence under sections 291
to 295; or
(b) has an item mentioned in paragraph (a)(i) or (ii) in his or her
possession with the intent that it be used by any person for the
purpose of committing an offence under sections 291 to 295.
(2) A person who commits an offence under subsection (1) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding
3 years or to a fine not exceeding $7,000, or both; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding 5 years or to a fine not exceeding $10,000, or both.
(3) A person who possesses more than one item mentioned in subsection
(1)(a)(i) or (ii), is deemed to possess the item with the intent that it be used by a
person for the purpose of committing an offence under sections 291 to 295,
unless the contrary is proved.
(Inserted by Act 3 of 2007)

Search and seizure warrants

297. If a magistrate is satisfied on the basis of an information on oath that there
are reasonable grounds to suspect that there may be in a place a thing or
computer data—
(a) that may be material as evidence in proving an offence; or
(b) that has been acquired by a person as a result of an offence,
the magistrate may issue a warrant authorising a police officer, with such
assistance as may be necessary, to enter the place to search and seize the thing or
computer data.
(Inserted by Act 3 of 2007)
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Assisting police
298. (1) A person who is in possession or control of a computer data storage
medium or computer system that is the subject of a search under section 297,
shall permit, and assist if required, the person making the search to—
(a) access and use a computer system or computer data storage
medium to search computer data available to or in the system;
(b) obtain and copy that computer data;
(c) use equipment to make copies; and
(d) obtain an intelligible output from a computer system in a plain
text format that can be read by a person.
(2) A person who fails, without lawful excuse or justification, to comply
with subsection (1) commits an offence and is liable, on summary conviction, to
imprisonment for a term not exceeding 6 months or to a fine not exceeding $500,
or both.
(Inserted by Act 3 of 2007)

Record of and access to seized data

299. (1) If a computer system or computer data has been removed or rendered
inaccessible, following a search or a seizure under section 297, the person who
made the search shall, at the time of the search or as soon as practicable after the
search—
(a) make a list of what has been seized or rendered inaccessible, with
the date and time of seizure; and
(b) give a copy of that list to—
(i) the occupier of the premises; or
(ii) the person in control of the computer system.
(2) Subject to subsection (3), on request, a police officer or another
authorised person shall—
(a) permit a person who had the custody or control of the computer
system, or someone acting on their behalf to access and copy
computer data on the system; or
(b) give the person a copy of the computer data.
(3) The police officer or another authorised person may refuse to give
access or provide copies if he or she has reasonable grounds for believing that
giving the access, or providing the copies—
(a) would constitute a criminal offence; or
(b) would prejudice—
(i) the investigation in connection with which the search was
carried out;
(ii) another ongoing investigation; or
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(iii) criminal proceedings that are pending or that may be brought

in relation to any of those investigations.
(Inserted by Act 3 of 2007)

Production of data
300. If a magistrate is satisfied on the basis of an application by a police officer
that specified computer data, or a printout or other information, is reasonably
required for the purpose of a criminal investigation or criminal proceedings, the
magistrate may order that—
(a) a person in the Virgin Islands, who is in control of a computer
system, produce from the system specified computer data or a
printout or other intelligible output of that data;
(b) an Internet service provider in the Virgin Islands produce
information about persons who subscribe to, or otherwise use, the
service; or
(c) a person in the Virgin Islands, who has access to a specified
computer system, process and compile specified computer data
from the system and give it to a specified person.
(Inserted by Act 3 of 2007)

Disclosure of stored traffic data

301. If a magistrate is satisfied on the basis of an ex parte application by a
police officer that specified data stored in a computer system is reasonably
required for the purpose of a criminal investigation or criminal proceedings, the
magistrate may order that a person in control of the computer system disclose
sufficient traffic data about a specified communication to identify—
(a) the service providers; and
(b) the path through which the communication was transmitted.
(Inserted by Act 3 of 2007)

Preservation of data
302. (1) If a police officer is satisfied that—
(a) data stored in a computer system is reasonably required for the
purposes of a criminal investigation; and
(b) there is a risk that the data may be destroyed or rendered
inaccessible,
the police officer may, by written notice given to a person in control of the
computer system, require the person to ensure that the data specified in the
notice be preserved for a period of up to 7 days as specified in the notice.
(2) The period may be extended beyond 7 days if, on an ex parte
application, a magistrate authorises an extension for a further specified period of
time.
(Inserted by Act 3 of 2007)
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Interception of traffic data

303. (1) If a police officer is satisfied that traffic data associated with a
specified communication is reasonably required for the purposes of a criminal
investigation, the police officer may, by written notice given to a person in
control of such data, request that person to—
(a) collect or record traffic data associated with a specified
communication during a specified period; and
(b) permit and assist a specified police officer to collect or record that
data.
(2) A person who fails, without lawful excuse or justification, to comply
with a request under subsection (1) commits an offence and is liable, on
summary conviction, to imprisonment for a term not exceeding 6 months or to a
fine not exceeding $500, or both.
(3) If a magistrate is satisfied on the basis of an information on oath that
there are reasonable grounds to suspect that traffic data is reasonably required for
the purposes of a criminal investigation, the magistrate may authorise a police
officer to collect or record, through application of technical means, traffic data
associated with a specified communication during a specified period.
(Inserted by Act 3 of 2007)

Evidence
304. In proceedings for a criminal offence, the fact that—
(a) it is alleged that an offence of interfering with a computer system
has been committed; and
(b) evidence has been generated from that computer system,
does not itself prevent that evidence from being admitted.
(Inserted by Act 3 of 2007)

Confidentiality and limitation of liability

305. (1) An Internet service provider or an employee of an Internet service
provider who, without lawful authority, discloses—
(a) the fact that a warrant, order, notice, extension or other decision
has been issued, made or granted under section 297, 300, 301,
302 or 303;
(b) anything done under the warrant, order, notice, extension or other
decision; or
(c) data collected or recorded under the order,
commits an offence and is liable, on summary conviction, to imprisonment for a
term not exceeding 6 months or to a fine not exceeding $500, or both.
(2) An Internet service provider or an employee of an Internet service
provider is not liable in criminal or civil proceedings for the disclosure of data or
other information that he discloses under section 298, 300, 301 or 303.
(Inserted by Act 3 of 2007)
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PART XIX
CRIMINAL LIBEL

Libel
306. (1) Subject to the other provisions of this Part, a person who, by printing,
writing, painting, effigy or by any other means in a permanent form and
otherwise than solely by gestures, spoken words or sounds, unlawfully publishes
defamatory matter concerning another person with intent to defame that other
person, commits the offence of libel and is liable on summary conviction to
imprisonment for a term not exceeding one year or to a fine not exceeding
$1,000, or both. (Amended by Act 8 of 2006)
(2) Notwithstanding subsection (1), for the purposes of this Part, the
broadcasting of words by means of wireless telegraphy shall be treated as
publication in a permanent form.
(3) A prosecution for an offence under this section shall not be instituted
except by, or with the consent of, the Director of Public Prosecutions.

Definition of defamatory matter

307. (1) Defamatory matter is matter likely to injure the reputation of a person
by exposing him or her to hatred, contempt or ridicule, or likely to damage a
person in his or her profession or trade by an injury to his or her reputation or to
disturb the peace of the community.
(2) It is not necessary for libel that a defamatory meaning should be
directly or completely expressed, and it suffices if such meaning and its
application to the person alleged to be defamed can be collected either from the
alleged libel itself or from any extrinsic circumstances, or partly from one and
partly from the other.

Definition of publication
308. A person publishes a libel if he or she causes the medium by which the
defamatory matter is conveyed to be so dealt with or used that the defamatory
meaning thereof becomes known or is likely to become known either to the
person defamed or to any other person.

Definition of unlawful publication

309. A publication of defamatory matter concerning a person is unlawful
within the meaning of this Part, unless—
(a) the matter is true and it was for the public benefit that it should be
published; or
(b) it is privileged on one of the grounds hereafter in this Part
mentioned.

Absolute privilege
310. (1) The publication of defamatory matter is absolutely privileged, and no
person shall under any circumstances be liable to punishment under this Code in
respect thereof, in any of the following cases—
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(a) if the matter is published by the Governor or by the House of

Assembly in any official document or proceeding;
(b) if the matter is published in the House of Assembly by the
Governor or by any member of the House of Assembly;
(c) if the matter is published by order of the Governor;
(d) if the matter is published concerning a person subject for the time
being to naval, military, airforce or police discipline, and relates
to his or her conduct as a person subject to such discipline and is
published by some person having authority over him or her in
respect of such conduct, and to some person also having authority
over him or her in respect of such conduct;
(e) if the matter is published in the course of any judicial proceeding
by a person taking part therein as a judge, magistrate, justice of
the peace, commissioner, barrister-at-law, juror, assessor,
arbitrator, referee, witness or party thereto;
(f) if the matter published is in fact a fair report of anything said,
done or published in the House of Assembly; or
(g) if the person publishing the matter does so in pursuance of a duty
imposed by law.
(2) For the purposes of this section, references to the House of Assembly
shall be deemed to include any committee of the House of Assembly.
(3) Where a publication is absolutely privileged, it is immaterial for the
purposes of this Part, whether the matter be true or false, and whether it be or be
not known or believed to be false, and whether it be or be not published in good
faith.

Conditional privilege
311. A publication of defamatory matter is privileged if it was published in
good faith, if the relation between the parties by and to whom the publication is
made is such that the person publishing the matter is under some legal, moral or
social duty to publish it to the person to whom the publication is made, or has a
legitimate personal interest in so publishing it, and provided that the publication
does not exceed either in extent or matter what is reasonably sufficient for the
occasion, in any of the following cases—
(a) if the matter published is in fact a fair report of anything said,
done or shown in a civil or criminal inquiry or proceeding done
before a court, except that if the court prohibits the publication of
anything said or shown before it, on the grounds that it is
seditious, immoral or blasphemous, the publication thereof shall
not be privileged;
(b) if the matter published is a copy by reproduction, or in fact a fair
abstract or summary, of a matter which has been previously
published, and the previous publication of which was or would
have been privileged under section 310;
(c) if the matter is an expression of opinion in good faith as to the
conduct of a person in a judicial, official or other public capacity,
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or as to his or her personal character so far as it appears in such

conduct;
(d) if the matter is an expression of opinion in good faith as to the
conduct of a person in relation to a public question or matter, or
as to his or her personal character so far as it appears in such
conduct;
(e) if the matter is an expression of opinion in good faith as to the
conduct of a person as disclosed by evidence given in a legal
proceeding held in public, whether civil or criminal, or as to the
conduct of a person as a party, witness or otherwise in any such
proceeding, or as to the character of a person so far as it appears
in such conduct;
(f) if the matter is an expression of opinion in good faith as to the
merits of a book, writing, painting, speech or other work,
performance or act published or publicly done or made or
submitted by a person to the judgment of the public, or as to the
character of a person so far as it appears therein;
(g) if the matter is a censure passed by a person in good faith on the
conduct of another person in a matter in respect of which he or
she has authority, by contract or otherwise, over the other person,
or on the character of the other person so far as it appears in such
conduct;
(h) if the matter is a complaint or accusation made by a person in
good faith against another person in respect of his or her conduct
in a matter, or in respect of his or her character so far as it appears
in such conduct, to a person having authority by law to inquire
into or receive complaints respecting such conduct or matter; or
(i) if the matter is published in good faith for the protection of the
rights or interests of the person who publishes it, the person to
whom it is published, or of some person in whom the person to
whom it is published is interested.

Explanation as to good faith

312. A publication by a person of defamatory matter shall not be deemed to
have been made in good faith, within the meaning of section 311, if it is made to
appear—
(a) that the matter was untrue and that he or she did not believe it to
be true;
(b) that the matter was untrue and that he or she published it without
taking reasonable care to ascertain whether it was true or false; or
(c) that in publishing the matter, he or she acted with intent to injure
the person defamed in a substantially greater degree or
substantially otherwise than was reasonably necessary for the
interest of the public or the protection of the private right or
interest in respect of which he or she claims to be privileged.
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Presumption as to good faith

313. If it is proved, on behalf of an accused person, that a defamatory matter
was published under such circumstances that the publication would have been
justified if made in good faith, the publication shall be presumed to have been
made in good faith until the contrary is made to appear, either from the libel
itself or from the evidence given on behalf of the accused person or from
evidence on behalf of the prosecution.

PART XX
NUISANCES AND OTHER OFFENCES AGAINST
THE PUBLIC IN GENERAL

Common nuisance
314. A person who does an act not authorised by law or who omits to
discharge a legal duty and thereby causes a common injury or danger or
annoyance, or who obstructs or causes inconvenience to the public in the
exercise of common rights, commits the offence of being a common nuisance
and is liable on summary conviction to imprisonment for a term not exceeding 6
months or to a fine not exceeding $500. (Amended by Act 8 of 2006)

Watching and besetting

315. (1) A person commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 6 months or to a fine not exceeding $500,
if he or she watches and besets—
(a) premises or the approaches to premises with a view to preventing
any person from doing any act which such person has a legal right
to do there at; or
(b) the house or other place where a person resides, works or carries
on business, or happens to be, or the approaches to such house or
place, with a view to preventing the person from doing or
compelling him or her to do an act which the person has a legal
right to do or abstain from doing.
(Amended by Act 8 of 2006)
(2) No proceedings shall be brought in respect of an offence under this
section without the consent of the Director of Public Prosecutions.

Chain letters
316. (1) A person who sends or causes to be sent a chain letter, or who sends
or receives money or money’s worth in connection with a chain letter, commits
an offence and is liable on summary conviction to imprisonment for a term not
exceeding 6 months or to a fine not exceeding $500. (Amended by Act 8 of 2006)
(2) For the purposes of this section, “chain letter” means a document
addressed by one person to another suggesting to the person to whom it is
addressed or requiring—
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(a) that he or she should send a document having the same purport to
one or more other persons; and
(b) that he or she should remit to a person or to an address specified
in the first mentioned document money or money’s worth.

Obscene publications
317. (1) A person commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 6 months or to a fine not exceeding $500,
if he or she—
(a) for the purposes of or by way of trade, or for the purpose of
distribution or public exhibition, makes, produces or has in his or
her possession an obscene writing, drawing, print, painting,
printed matter, pictures, posters, emblems, photographs, films,
discs or any other obscene objects tending to corrupt morals;
(b) for any of the purposes mentioned in paragraph (a) imports,
conveys or exports, or causes to be imported, conveyed or
exported, such matter or thing, or in any manner puts any of the
same into circulation;
(c) carries on or takes part in a business, whether public or private,
concerned with such matters or things as mentioned in paragraph
(a), or deals in the same in any manner, or distributes them
publicly, or makes a business of lending them;
(d) advertises or makes known by any means with a view to assisting
the circulation of or traffic in, any such matter or thing as
mentioned in paragraph (a), that a person is engaged in any of the
acts referred to in this section, or advertises or makes known how,
or from whom, any such matter or thing can be procured either
directly or indirectly; or
(e) publicly exhibits an indecent show or performance, or a show or
performance tending to corrupt morals.
(Amended by Act 8 of 2006)
(2) On the application of the Commissioner of Police, a magistrate may
order the destruction of an obscene matter or thing to which this section relates
and which has been seized by or otherwise comes into the possession of the
police, whether or not any person has been convicted under the provisions of this
section in respect of such obscene matter or thing.

Child pornography
318. (1) In this section—
“child pornography” includes material that visually depicts—
(a) a minor engaged in sexually explicit conduct;
(b) a person who appears to be a minor engaged in sexually explicit
conduct; or
(c) realistic images representing a minor engaged in sexually explicit
conduct;
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“minor” means a person under the age of 18 years;

“publish” includes—
(a) distribute, transmit, disseminate, circulate, deliver, exhibit, lend
for gain, exchange, barter, sell or offer for sale, let on hire or offer
to let on hire, offer in any other way, or make available in any
way;
(b) have in possession or custody, or under control, for the purpose of
doing an act referred to in paragraph (a); or
(c) print, photograph, copy or make in any other manner, whether of
the same or of a different kind or nature, for the purpose of doing
an act referred to in paragraph (a).
(2) A person who, intentionally, does any of the following acts—
(a) publishes, is concerned in the publication of, or permits the
publication of, child pornography;
(b) produces, is concerned in the production of, or permits the
production of, child pornography for the purpose of its
publication;
(c) has child pornography in his or her possession,
commits an offence and is liable, on conviction on indictment, to imprisonment
for a term not exceeding 14 years.
(3) It is a defence to a charge for an offence under subsection (1)(a) or (c)
for the accused to prove that the child pornography was published, or was in his
or her possession, for a bona fide scientific, research, medical or law
enforcement purpose.
(4) It is a defence to a charge for an offence under subsection (1)(c) for
the accused to prove that—
(a) he or she had not himself or herself seen the child pornography
and did not know, or had any cause to suspect, that it was child
pornography; or
(b) the child pornography was sent to him or her without any prior
request made by him or her or on his or her behalf and that he or
she did not keep it for an unreasonable time.
(Inserted by Act 3 of 2007)

Idle and disorderly persons

319. (1) A person who—
(a) wanders abroad or (not being a blind or disabled person), places
himself or herself in a public place for the purpose of begging, or
who causes or procures a child so to do or, having the custody,
charge or care of a child, allows the child to be in any street,
premises or public place for the purpose of begging or receiving
alms, or of inducing the giving of alms (whether or not there is
any pretence of singing, playing performing, offering anything for
sale or otherwise);
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(b) being a common prostitute behaves in a disorderly or indecent

manner in a public place;
(c) pretends to deal in obeah (as defined in section 290), myalism,
duppy catching or witchcraft, or tells fortunes by palmistry or like
superstitious means intending to deceive or impose on people;
(d) publicly does an indecent act;
(e) in a public place conducts himself or herself in a manner likely to
cause a breach of the peace;
(f) solicits for immoral purposes in a public place;
(g) in a public place plays any game or pretended game of chance for
money or money’s worth;
(h) endeavours to obtain, or actually obtains, contributions for a
charitable purpose unless authorised in writing so to do by the
Commissioner of Police, in accordance with the Public
Collections (Control) Act or in pursuance of instructions in that
behalf given by the Cabinet; or
(i) has no fixed abode and sleeps by night in open or public places,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 3 months or to a fine not exceeding $250. (Substituted by Act
8 of 2006)
(2) The provisions of subsection (1)(h) shall not apply to charitable
appeals or collections made in any established place of religious worship or on
behalf of a religious organisation recognised by the Cabinet for the purpose of
this section.

Rogues and vagabonds

320. (1) A person who—
(a) has in his or her custody or possession, without lawful excuse (the
proof of which lies on him or her), a pick-lock, key, jemmy or
crow-jack, bit or other implement of housebreaking, with intent to
break into a house or other building;
(b) is armed with a firearm, cutlass, bludgeon or other offensive
weapon or instrument, with intent to commit a criminal act;
(c) is found by night, without lawful excuse (the proof of which lies
on him or her), in or upon a dwelling house, warehouse, garage,
stable or other building, or in an enclosed garden, yard or area, or
on board a vessel or aircraft;
(d) having previously been convicted of an offence under Part XIV
(or of a similar offence involving dishonesty or larceny under any
law in force before the coming into force of this Code), frequents
a wharf, warehouse or place adjoining thereto, or a public place
leading or adjacent thereto, with intent to commit an offence; or
(e) upon being apprehended as an idle and disorderly person,
violently resists a police officer arresting him or her,
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shall be deemed to be a rogue and a vagabond, and commits an

offence and is liable on summary conviction—
(i) for a first offence under this section, to imprisonment for a
term not exceeding one year;
(ii) for every subsequent offence under this section, or for an
offence under this section after having been previously
convicted as a rogue and vagabond under any law in force
immediately before the coming into force of this Code, to
imprisonment for a term not exceeding 2 years,
and every weapon or instrument of house breaking in the possession of the
offender at the time of the offence shall, upon the conviction, be forfeited to the
Crown. (Amended by Act 8 of 2006)
(2) In proceedings under this section, it shall not be necessary in proving
the intent to commit an offence to show that the person accused was guilty of an
act or acts tending to show his or her purpose or intent, and he or she may be
convicted if, from the circumstances of the case and his or her known character
as proved to the court, it appears to the court that his or her intent was as alleged,
and his or her known character, as proved, shall be relevant evidence in that
behalf.

Disorderly conduct
321. (1) A person who, in a public place, conducts himself or herself in a
disorderly manner, or conducts himself or herself in such a noisy manner as to
disturb the neighbourhood, commits an offence and is liable on summary
conviction to imprisonment for a term not exceeding 3 months or to a fine not
exceeding $250.
(2) If a person, on private premises, conducts himself or herself, or allows
any other person so to conduct himself or herself thereon, as to repeatedly annoy
or disturb the neighbourhood, a person annoyed or disturbed thereby may
complain to a magistrate who, if satisfied by evidence on oath that there are good
grounds for the complaint, may cause the person so offending to be warned, and
if, after the warning, the person, within 3 months, so conducts himself or herself,
or allows any other person so to conduct himself or herself, on the same
premises as to annoy or disturb the neighbourhood, he or she commits an offence
and is liable on summary conviction to imprisonment for a term not exceeding 3
months or to a fine not exceeding $250.
(3) A person who behaves profanely, indecently or in a disorderly manner
during the performance of a religious worship or ceremony, or who smokes in a
building appropriated for religious worship while a service or ceremony is taking
place therein, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 6 months or to a fine not exceeding $500.
(4) A person who wilfully disturbs, interrupts or disquiets a body of
persons, assembled for a lawful purpose, by profane discourse, rude or indecent
behaviour or by making a noise, either within the place of such assembly or so
near thereto as to disturb the same, commits an offence and is liable on summary
conviction to imprisonment for a term not exceeding 3 months or to a fine not
exceeding $250.
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(5) A person who at a lawful public meeting acts in a disorderly manner

for the purpose of preventing the transaction of the business for which the
meeting was called, or who incites another person so to act, commits an offence
and is liable on summary conviction to imprisonment for a term not exceeding 3
months or to a fine not exceeding $250.
(Amended by Act 8 of 2006)

Drunkenness
322. (1) A person found drunk in a public place or upon premises licensed for
the sale of alcohol, commits an offence and is liable on summary conviction—
(a) upon a first conviction for such an offence, to a fine not exceeding
$50;
(b) upon a second or subsequent conviction for such an offence, to a
fine not exceeding $100;
(c) upon a subsequent conviction within a period of 12 months from
the date of a second or subsequent conviction for the offence, to
imprisonment for a term not exceeding 3 months or to a fine not
exceeding $250, or both.
(2) Any person found drunk in any public place when—
(a) in charge of a vehicle or animal; or
(b) in possession of a firearm,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 6 months or to a fine not exceeding $500.
(Amended by Act 8 of 2006)

Abusive and false statements

323. (1) A person who uses abusive, blasphemous, indecent, insulting, profane
or threatening language—
(a) in a public place;
(b) in a place to the annoyance of the public; or
(c) in circumstances likely to cause a breach of the peace,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 3 months, or to a fine not exceeding $250. (Amended by Act 8
of 2006)
(2) A person who in a public place or at a meeting open to members of
the public, whether on payment or otherwise, makes a statement about another
person which he or she knows to be false, or makes such statement recklessly
without regard to its truth or otherwise, which statement is calculated or likely to
bring the person into ridicule, odium or contempt, or to undermine confidence in
the person or in the conduct of public affairs if the person is in an official
position, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding one year or to a fine not exceeding
$1,000, or both. (Amended by Act 8 of 2006)
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(3) For the purposes of subsection (2), “person in an official position”

includes the Governor, any member of the Cabinet or House of Assembly, and
any judge, magistrate, justice of the peace or member of any commission of
inquiry issued under the Commissions of Inquiry Act.
(4) A person who—
(a) in a public place or at a meeting open to members of the public,
whether on payment or otherwise, makes a statement which he or
she knows to be false, or makes such statement recklessly without
regard to its truth or otherwise; or
(b) prints or distributes a statement, which is of such a nature as to be
likely to cause fear or alarm or to disturb the public peace or
undermine public confidence in the conduct of public affairs,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 6 months or to a fine not exceeding $500. (Amended by Act 8
of 2006)
(5) A prosecution for an offence under subsection (2) or (4) shall not be
brought except by, or with the consent of, the Director of Public Prosecutions.
(Amended by Act 8 of 2006)

Obeah
324. (1) For the purposes of this section and of section 319(1)(c)—
(a) a person practising or dealing in obeah or myalism means a
person who, to effect a fraudulent or unlawful purpose or for gain,
or for the purpose of frightening another person, uses or pretends
to use any occult means, or pretends to possess supernatural
power or knowledge; and
(b) “instrument of obeah or myalism” means anything commonly
used in or associated with the practice of obeah or myalism.
(2) A person commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding one year or to a fine not exceeding
$1,000, or both, if he or she—
(a) practises or deals in obeah or myalism;
(b) for a fraudulent or unlawful purpose, consults a person practising
or reputed to be practising, or who has been convicted of an
offence under a law relating to, obeah or myalism; or
(c) for the purpose of effecting a purpose or bringing about an event
by the use of occult means or supernatural power or knowledge,
consults a person practising or reputed to be practising obeah or
myalism, or a person who has been convicted of an offence under
a law relating to obeah or myalism and agrees to reward the
person so consulted.
(Amended by Act 8 of 2006)
(3) A person who has in his or her possession an instrument of obeah or
myalism or who has under his or her control premises upon which such an
instrument is found shall, unless the contrary is proved, be deemed to be
practising obeah or myalism at the date when the instrument is found.
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(4) A person who composes, prints, sells or distributes a pamphlet or

other printed or written matter calculated to promote the superstition of obeah or
myalism, commits an offence and is liable on summary conviction to the same
punishment as a person convicted or practising obeah or myalism. (Amended by
Act 8 of 2006)
(5) A court before which a person is convicted of an offence under this
section may, in addition to any fine or sentence of imprisonment imposed, order
that the person so convicted shall be subject to police supervision for a period
not exceeding 2 years from the date of imposition of the fine or the expiration of
a term of imprisonment, whichever is the later date, and thereupon the person
shall be subject to the provisions of the Prevention of Crimes Act.

Acts likely to spread disease

325. (1) A person who intentionally or recklessly does any act which he or she
knows or has reason to believe is likely to cause the spread of an infectious or
contagious disease commits an offence and is liable on conviction on indictment
to imprisonment for a term not exceeding 14 years.
(2) A person who negligently does an act which he or she knows or has
reason to believe is likely to cause the spread of an infectious or contagious
disease commits an offence and is liable on conviction on indictment to
imprisonment for a term not exceeding 5 years or to a fine not exceeding
$10,000, or both.
(Substituted by Act 7 of 2002 and amended by Act 8 of 2006)

Pollution, etc.
326. (1) A person commits an offence, if he or she—
(a) intentionally, recklessly or negligently corrupts or fouls the water
of a spring, stream, well or reservoir so as to render it less fit for
the use of mankind or livestock;
(b) intentionally, recklessly or negligently vitiates the atmosphere in
any place so as to render it noxious to the health or comfort of
persons in the neighbourhood;
(c) for any purpose makes loud noises or offensive smells in such
place and circumstances as to interfere with the comfort of
persons in the exercise of their common rights; or
(d) deposits offal or refuse in the sea within 500 yards of the shore.
(Amended by Act 7 of 2002)
(2) A person who—
(a) intentionally or recklessly commits an offence under subsection
(1)(a) or (b) is liable on conviction on indictment to
imprisonment for a term not exceeding 14 years or a fine not
exceeding $75,000, or both;
(b) negligently commits an offence under subsection (1)(a) or (b) is
liable on conviction on indictment to imprisonment for a term not
exceeding 10 years or to a fine not exceeding $50,000, or both;
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(c) commits an offence under subsection (1)(c) or (d) is liable on

conviction on indictment to imprisonment for a term not
exceeding 5 years, or to a fine not exceeding $25,000, or both.
(Inserted by Act 7 of 2002 and amended by Act 8 of 2006)

Adulteration of food, etc.

327. A person commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 6 months or to a fine not exceeding $500,
or both, if he or she—
(a) adulterates an article of food or drink so as to make the article
noxious as food or drink, intending to sell or offer for sale the
same as food or drink, or knowing that it is likely that it will be
offered for sale as such;
(b) sells or offers for sale as food or drink an article which has been
rendered or has become noxious or in a state unfit for use as food
or drink, knowing or having reason to believe that the same is
unfit for such use;
(c) adulterates a drug or medicinal preparation in such manner as to
lessen the efficacy or to change the operation of the drug or
preparation, or to make it noxious, intending that it shall be or is
likely to be sold or offered for sale for a medicinal purpose as if it
had not been so adulterated or rendered noxious; or
(d) knowing that a drug or medicinal preparation has been adulterated
or rendered noxious, as mentioned in paragraph (c), sells the same
or offers it for sale, or issues it from a dispensary for medicinal
purposes as if it had not been so adulterated or rendered noxious,
or causes it to be so issued by any person.
(Amended by Act 8 of 2006)

Unauthorised wearing of uniform

328. (1) A person who, without lawful excuse or authority, wears a uniform of
the armed or police force of a Commonwealth country, or clothing having the
appearance or intended to have the appearance of such uniform, commits an
offence and is liable on summary conviction to imprisonment for a term not
exceeding 6 months or to a fine not exceeding $500. (Amended by Act 8 of 2006)
(2) It shall not be an offence under this section for a person taking part in
a bona fide theatrical or similar entertainment to wear a costume resembling a
military uniform, when required for the purpose of representing a particular
character, but in such a case the badges shall not be identical with those of the
armed or police force of a Commonwealth country.

Negligence with fire

329. (1) A person who in any place, negligently or recklessly, carries or uses
fire, commits an offence and is liable on summary conviction to imprisonment
for a term not exceeding 3 months or to a fine not exceeding $250.
(2) A person who, by the careless or improper use of fire within a town or
village, endangers lives or property therein, commits an offence and is liable on
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summary conviction to imprisonment for a term not exceeding one year or to a

fine not exceeding $1,000, or both.
(Amended by Act 8 of 2006)

Throwing missile, etc. in public place

330. (1) A person who, in or in the vicinity of a public place, unlawfully
throws or discharges a missile or dangerous object to the damage or danger of
any property or person, commits an offence and is liable on summary conviction
to imprisonment for a term not exceeding one year or to a fine not exceeding
$1,000, or both. (Amended by Act 8 of 2006)
(2) For the purposes of subsection (1), it is immaterial whether or not a
person was actually injured or a property damaged, if in the circumstances of the
case, a reasonable person would have anticipated that such injury or damage
might have occurred.

Defacing building, etc.

331. A person who, without the consent of the owner or occupier—
(a) posts an advertisement, bill, placard or other paper against or
upon; or
(b) writes upon, soils, marks or defaces,
a building, wall, fence, lamp post or other similar object, commits an offence and
is liable on summary conviction to imprisonment for a term not exceeding 3
months or to a fine not exceeding $250. (Amended by Act 8 of 2006)

Removing boats, etc.

323. A person who takes or attempts to take a vessel from or out of a mooring,
wharf, boat-house, berth, beach, landing-stage or other place for the purpose of
using the same without the consent of the owner or other person having charge
thereof, and without a reasonable claim of right or title thereto, commits an
offence and is liable on summary conviction to imprisonment for a term not
exceeding one year or to a fine not exceeding $1,000, or both. (Amended by Act 8
of 2006)

Animals in public place

333. A person in charge of animals (other than cats or dogs) in a public place
who wilfully remains at such a distance from them as not to have proper control
over them, commits an offence and is liable on summary conviction to a fine not
exceeding $250. (Amended by Act 8 of 2006)

Fireworks and firearms in public place

334. (1) Subject to subsection (2), any person who, in a public place or within
100 yards thereof, discharges a firearm or lets off a firework, commits an offence
and is liable on summary conviction to imprisonment for a term not exceeding 3
months, or to a fine not exceeding $250. (Amended by Act 8 of 2006)
(2) A person shall not be convicted of an offence under subsection (1) by
reason only that he or she fires a starting pistol or similar weapon in the ordinary
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course of the conduct of a sporting or athletic event or that he or she lets off a
firework in the ordinary course of some festival or celebration at which the use
of fireworks has been permitted under the Fireworks Act.

Gambling
335. (1) A person who knowingly permits, or is concerned in, the use of a
building or place for the purpose of gambling, betting or the holding of a lottery
or sweepstake, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding one year or to a fine not exceeding
$1,000, or both. (Amended by Act 8 of 2006)
(2) A magistrate or justice of the peace, on being satisfied by evidence on
oath that there is good reason to believe that a house or place is kept or used for a
purpose contrary to subsection (1) may, by warrant, authorise a police officer,
with such assistance and by such force as may be necessary, by day or night to—
(a) enter the house or place;
(b) search the house or place and any persons found therein;
(c) seize all instruments and appliances for gambling, betting, or
required for the holding of a lottery or sweepstake, and all money,
securities for money and other articles reasonably supposed to
have been used or intended to be used for any such purpose; and
(d) to detain any persons there found until the completion of the
search of the house or place.
(3) Where instruments or appliances are found in the house or place
searched, every person found therein at the time may be detained in custody until
he or she can be brought before the court, or is granted bail by the police officer
in charge of such search, for his or her appearance before the court.
(4) If, owing to the lateness of the hour or other sufficient cause, a search
warrant cannot be obtained with sufficient speed, a police officer in uniform, not
below the rank of sergeant, may exercise the powers referred to in subsection (3)
without a search warrant.
(5) If instruments or appliances for gambling, betting or the holding of a
lottery or sweepstake are found in a house or place or on any person searched in
pursuance of the powers conferred by this section, the fact of such finding shall
be deemed to be evidence, until the contrary is made to appear, that the house or
place was being used for gambling, betting or the holding of a lottery or
sweepstake and that the persons found therein or escaping therefrom were
gambling, betting or taking part in a lottery or sweepstake therein, although no
such activity was actually seen by a police officer or other person assisting him
or her at the time of entering or searching such house or place.
(6) A person who is found in the house or place as is mentioned in
subsection (5) commits an offence and shall, unless he or she satisfies the court
to the contrary, be deemed to have been taking part in gambling or betting, or in
a lottery or sweepstake and is liable on summary conviction to imprisonment for
a term not exceeding 6 months or to a fine not exceeding $500. (Amended by Act
8 of 2006)
(7) A person playing or betting in a public place at, or with a table or
instrument of gambling at any game, or pretended game of chance, commits an
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offence and is liable on summary conviction to imprisonment for a term not

exceeding 3 months or to a fine not exceeding $250. (Amended by Act 8 of 2006)
(8) Nothing in this section shall apply to a lottery sweepstake, pari mutuel
or pool betting organised and controlled by an approved social and charitable
organisation or turf, or in connection with a race meeting held by or under the
auspices of such club and, for the purposes of this subsection, “approved” means
approved by the Cabinet.

Neglect to maintain family

336. (1) A person who, being wholly or in part able to maintain his or her
children, and if a male, his wife (if any), by work or other lawful means, refuses
or neglects to do so, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 3 months or to a fine not exceeding $250.
(Amended by Act 8 of 2006)
(2) Proceedings in respect of an offence under subsection (1) shall be
without prejudice to any other legal remedy available to a person to enforce the
payment of maintenance for, or to recover the cost of necessaries supplied to, the
wife (if any) and family of the offender.

Unlawful depasturing of animals

337. A person who, unlawfully and maliciously depastures an animal on any
land, public place or thoroughfare, commits an offence and is liable on summary
conviction to imprisonment for a term not exceeding 3 months or to a fine not
exceeding $250. (Amended by Act 8 of 2006)

Obstructing police officer

338. A person who wilfully obstructs a police officer in the execution of his or
her duties, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 6 months or to a fine not exceeding $500.
(Amended by Act 8 of 2006)

Refusing to assist police officer, etc.

339. (1) A person who, in a public place, when lawfully called upon by a
police officer to assist him or her in apprehending or securing any person whom
such officer is endeavouring to apprehend or secure, without reasonable excuse
refuses so to do, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 3 months or to a fine not exceeding $250.
(2) A person who, when lawfully required so to do by a judicial officer or
police officer, refuses to give his or her name and address or gives a false name
and address, commits an offence and is liable on summary conviction to
imprisonment for a term not exceeding 3 months or to a fine not exceeding $250.
(Amended by Act 8 of 2006)

Using animal without consent of owner

340. (1) A person who takes or drives or attempts to take or drive an animal
from, or out of an enclosure, stable, pasture or other place for the purpose of
using the animal without the consent of the owner or other person entrusted with
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the charge thereof, and without having any probable claim or title thereto,
commits an offence and is liable on summary conviction to a fine not exceeding
$250. (Amended by Act 8 of 2006)
(2) Proceedings in respect of an offence under subsection (1) shall be
without prejudice to any other legal remedy available to the party aggrieved for
the recovery of the animal and for damages in respect of the taking or using
thereof by the offender or for any injury caused to the animal.

Indecency, etc. in public place

341. (1) A person who behaves in an indecent manner in a public place,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 3 months or to a fine not exceeding $250.
(2) A person who writes or draws an indecent word, figure or
representation in a public place, commits an offence and is liable on summary
conviction to a fine not exceeding $250.
(3) A person who wilfully—
(a) exposes in a public place or in premises visible or accessible to
the public from a public place an obscene print, picture,
photograph or indecent exhibition; or
(b) exposes his or her person in a public place or in view thereof,
commits an offence and is liable on summary conviction to imprisonment for a
term not exceeding 6 months or to a fine not exceeding $500.
(Amended by Act 8 of 2006)

Having possession of thing reasonably suspected of being stolen

342. A person who is charged with having in his or her possession in any
place, or conveying in any manner, anything which is reasonably suspected of
being stolen or unlawfully obtained and who does not give an account to the
satisfaction of the court as to how he or she came by that thing, commits an
offence and is liable on summary conviction to imprisonment for a term not
exceeding 6 months or to a fine not exceeding $500. (Amended by Act 8 of 2006)

Preventing work or trading

343. A person who, unlawfully and with force, hinders or prevents any person
from working at or exercising his or her lawful trade, business or occupation, or
who uses a threat of violence to that person with intent to hinder him or her from
working at or exercising his or her trade, business or occupation, commits an
offence and is liable on summary conviction to imprisonment for a term not
exceeding 3 months or to a fine not exceeding $250. (Amended by Act 8 of 2006)

Jurisdiction in respect of offence under this Part

344. (1) Where the facts alleged to constitute an offence charged under this
Part appear to a Magistrate also to constitute another offence, not triable
summarily, under some other Part or under some other law, the Magistrate, in his
or her discretion, may stay the proceedings brought in respect of the offence
under this Part and hold a preliminary inquiry with a view to committing the
accused person for trial before the High Court for the other offence.
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(2) Where the person committed for trial under subsection (1) is
convicted before the High Court of the other offence, no further proceedings
shall be taken on the same facts for an offence under this Part.

PART XXI
CONSPIRACY, ATTEMPT AND ASSISTING OFFENDERS

Conspiracy to commit an offence

345. (1) Subject to the provisions of this Part, a person who agrees with
another person that a course of conduct should be pursued which will necessarily
amount to or involve the commission of an offence by one or more of the parties
to the agreement if the agreement is carried out in accordance with their
intention, is guilty of conspiracy to commit the offence in question.
(2) Where liability for an offence may be incurred without knowledge on
the part of the person committing it of a particular fact or circumstance necessary
for the commission of the offence, the person shall not be convicted of
conspiracy to commit the offence by virtue of subsection (1), unless he or she
and at least one other party to the agreement intend, or know, that the fact or
circumstance shall or will exist at the time when the conduct constituting the
offence is to take place.
(3) Where, in pursuance of an agreement, the acts in question in relation
to an offence are to be done in contemplation or furtherance of a trade dispute,
the offence shall be disregarded for the purposes of subsection (1), provided that
it is an offence which is not punishable with imprisonment except in default of
payment of a fine.
(4) A person charged with conspiracy to commit an offence shall be tried
in the same manner as he or she would have been tried if he or she were charged
with the complete offence. (Inserted by Act 8 of 2006)
(5) For the purposes of this Part—
“offence” means an offence triable in the Territory, and it includes murder,
notwithstanding that the murder in question would not be so triable if
committed in accordance with the intention of the parties; and
“trade dispute” means a dispute or differences between employers and workmen,
or between workmen alone, connected with the employment or non-
employment, or the terms of employment, or the conditions of labour, of
any person.

Punishment for conspiracy

346. A person who is convicted of conspiracy to commit an offence is, unless
another punishment is provided in this Code or any other law, liable to be
punished for a term not exceeding the maximum penalty prescribed for that
offence.
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Other conspiracy
347. A person who conspires with another person to engage in conduct which
tends to corrupt public morals or outrage public decency, but would not amount
to, or involve, the commission of an offence if carried out by a single person
otherwise than in pursuance of an agreement, commits an offence and is liable
on summary conviction to imprisonment for a term not exceeding 6 months or to
a fine not exceeding $500. (Amended by Act 8 of 2006)

Exemptions
348. A person shall not, by virtue of section 345, be convicted of conspiracy to
commit an offence, if—
(a) he or she is the sole intended victim of the offence; or
(b) the only other person with whom he or she agrees is (both initially
and at all times during the currency of the agreement) a person of
one or more of the following descriptions—
(i) his or her spouse;
(ii) a person under the age of 10 years;
(iii) the sole intended victim of that offence.

Supplementary provisions regarding conspiracy

349. (1) The rules laid down by sections 345 and 348 shall apply for
determining whether a person is guilty of an offence of conspiracy under a
provision of an enactment other than section 347.
(2) Incitement and attempt to commit the offence of conspiracy (whether
the conspiracy incited or attempted would be an offence at common law or under
section 345 or any other enactment) shall, on the coming into force of this Code,
cease to be offences.
(3) The fact that the person who, so far as appears from the charge on
which any person has been convicted of conspiracy, was the only other party to
the agreement on which his or her conviction was based, has been acquitted of
conspiracy by reference to that agreement (whether after being tried with the
person convicted or separately) shall not be a ground for quashing his or her
conviction, unless in all the circumstances of the case his or her conviction is
inconsistent with the acquittal of the other person in question.
(4) Any rule of law or practice that is inconsistent with subsection (3) is
abolished.

Attempt defined
350. (1) Where a person, intending to commit an offence, begins to put his or
her intention into execution by an act which goes so far towards the commission
of the offence as to be more than merely a preparatory act, but does not fulfil his
or her intention to such an extent as to commit the offence, he or she is deemed
to attempt to commit the offence.
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(2) It is immaterial, except in so far as regards punishment, whether—

(a) the offender does all that is necessary on his or her part for
completing the commission of the offence;
(b) the complete fulfilment of his or her intention is prevented by
circumstances independent of his or her will, or
(c) he or she desists on his or her own motion from the further
prosecution of his or her intention.

Punishment for attempt or incitement to commit an offence

351. (1) A person who attempts or incites another person to commit an
offence, commits an offence and is, unless any other punishment is provided in
this Code or any other law, liable on conviction—
(a) if the completed offence is punishable by imprisonment for life,
or for 10 years or more, to imprisonment for a term not exceeding
7 years; and
(b) in any other case, to the same penalty as may be imposed for the
completed offence itself.
(Amended by Act 8 of 2006)
(2) A person charged with an attempt or incitement of another person to
commit an offence shall be charged under the section, whether of this Code or
any other law, creating the offence under which he or she would be charged if
the charge was of the complete offence. (Amended by Act 8 of 2006)
(3) A person charged with an attempt or incitement to commit an offence
shall be tried in the same manner as he or she would have been tried if he or she
were charged with the complete offence. (Inserted by Act 8 of 2006)
(4) A provision in any law, including this Code, as to the consequences
which may or shall follow conviction for an offence or as to the procedure or any
other matter applicable where a person is convicted of an offence, shall apply
equally where a person is charged or convicted of an attempt or incitement to
commit the offence. (Amended by Act 8 of 2006)

Assisting offenders
352. (1) Subject to subsections (2) and (3), where a person has committed an
arrestable offence (as defined in section 354), any other person who, knowing or
believing him or her to be guilty of that offence or of some other arrestable
offence does, without lawful authority or reasonable excuse, an act to impede his
or her apprehension or prosecution, commits an offence and is said to be an
accessory after the fact.
(2) A wife does not become an accessory after the fact to an offence
which her husband has committed by receiving him or assisting him to escape
punishment, or by receiving in her husband’s presence and by his authority,
another person who has committed an offence in the commission of which her
husband has taken part, in order to enable that other person to escape punishment
or avoid apprehension.
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(3) A husband does not become an accessory after the fact to an offence
which his wife has committed by receiving her or assisting her in order to enable
her to escape punishment or avoid apprehension.
(4) If on the trial of an indictment for an arrestable offence the jury are
satisfied that the offence charged (or some other offence of which the accused
might on that charge be found guilty) was committed, but find the accused not
guilty of it, they may find him or her guilty of any offence under subsection (1)
of which they are satisfied that he or she is guilty in relation to the offence
charged (or that other offence).
(5) A person who is convicted of being an accessory after the fact is
liable to imprisonment according to the gravity of the offence to which he or she
was accessory, as follows—
(a) if the offence is one for which the sentence is fixed by law, he or
she is liable on conviction on indictment to imprisonment for a
term not exceeding 10 years; (Amended by Act 8 of 2006)
(b) if the offence is one for which a person (not previously convicted)
may be sentenced to imprisonment for 14 years or more, he or she
is liable on conviction on indictment to imprisonment for a term
not exceeding 7 years; (Amended by Act 8 of 2006)
(c) if the offence is not included in paragraph (a) or (b) but is one for
which a person (not previously convicted) may be sentenced to
imprisonment for 10 years, he or she is liable on conviction on
indictment to imprisonment for a term not exceeding 5 years;
(Amended by Act 8 of 2006)
(d) in any other case, he or she is liable on summary conviction to
imprisonment for a term not exceeding 3 years. (Amended by Act 8
of 2006)

Penalty concealing an offence

353. Where a person has committed an arrestable offence (as defined in section
354), another person who, knowing or believing—
(a) that the offence or some other arrestable offence has been
committed; and
(b) that he or she has information which might be of material
assistance in securing the prosecution or conviction of an offender
for it,
accepts or agrees to accept for not disclosing that information any consideration
other than the making good of loss or injury caused by the offence, or the
making of a reasonable compensation for that loss or injury, commits an offence
and is liable on summary conviction to imprisonment for a term not exceeding 2
years. (Amended by Act 8 of 2006)
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PART XXI
MISCELLANEOUS

Arrest without warrant

354. (1) The powers of summary arrest conferred by this section shall apply to
offences for which the sentence is fixed by law or for which a person (not
previously convicted) may under, or by virtue of an enactment be sentenced to
imprisonment for a term of 5 years or longer, and to attempts to commit any such
offence, and in this Code and in any other law “arrestable offence” means any
such offence or attempt.
(2) A person may arrest, without a warrant, anyone who is, or whom he
or she, with reasonable cause, suspects to be in the act of committing an
arrestable offence.
(3) Where an arrestable offence has been committed, a person may arrest
without warrant anyone who is, or whom he or she, with reasonable cause,
suspects to be guilty of the offence.
(4) Where a police officer, with reasonable cause, suspects that an
arrestable offence has been committed, he or she may arrest without warrant
anyone whom he or she, with reasonable cause, suspects to be guilty of that
offence.
(5) A police officer may arrest, without warrant, any person who is, or
whom he or she, with reasonable cause, suspects to be about to commit an
arrestable offence.
(6) For the purpose of arresting a person under a power conferred by this
section, a police officer may enter, if need be by force, and search any place
where that person is or where the police officer, with reasonable cause, suspects
him or her to be.
(7) This section shall not affect the operation of an enactment restricting
the institution of proceedings for an offence, nor prejudice a power of arrest
conferred by law apart from this section.

Further provisions concerning arrestable offences

355. (1) For the avoidance of doubt, where an offence is triable either
summarily or on indictment and is punishable by imprisonment for 5 years or
longer, if tried on indictment, it shall be deemed to be an arrestable offence
notwithstanding that it would be punishable by a lesser term if tried summarily.
(2) Arrestable offences under this Code are shown as such in the fourth
column of the Table of offences and penalties in Schedule 1.

Penalty for giving false information

356. A person who causes wasteful employment of the police by knowingly
making to any person a false report tending to show that an offence has been
committed, or to give rise to apprehension for the safety of any person or
property, or tending to show that he or she has information material to a police
inquiry, commits an offence and is liable on summary conviction to
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imprisonment for a term not exceeding 6 months or to a fine not exceeding $500,
or both. (Amended by Act 8 of 2006)

Provisions relating to cases in which the assent of the Attorney General

is required
357. Where in this Code or any other law it is provided that no prosecution
shall be commenced except by or with the consent of the Director of Public
Prosecutions, the provision shall not be deemed to prevent the arrest, or the issue
of a warrant for the arrest of a person for such an offence, or the remand in
custody or on bail of a person charged with such an offence pending the decision
of the Director of Public Prosecutions in the matter.

Offences and penalties, etc.

358. The Table of Offences and Penalties contained in Schedule 1 sets out for
convenience of reference the offences and penalties therefor contained in this
Code but shall not be construed to add to or derogate from the provisions in this
Code in relation to each offence.

Alternative convictions
359. Without prejudice to the provisions of the Criminal Procedure Act or to
any other provisions of this Code, where a person is charged with an offence
mentioned in the first column of the Table set out in Schedule 2, if the court
finds that he or she is not guilty of the offence charged, but that, on the evidence
before the court, he or she is guilty of another offence under a section of this
Code referred to in the third column of the Table, he or she may be convicted of
that other offence although not charged with it.

Restriction on proceedings for offences under common law

360. (1) Where an act or omission constitutes an offence under this Code and
also under common law, proceedings in respect of that offence shall be brought
under the relevant provision of this Code and not under common law, and the
common law offence in such case shall in respect of its application to the
Territory, be deemed to have been abolished.
(2) Where an act or omission constitutes an offence under this Code and
also under some other enactment, proceedings in respect of that offence shall not
be brought under that other enactment except by, or with the consent of, the
Director of Public Prosecutions.

Abolition of certain common law offences

361. (1) The following offences under common law are hereby abolished—
(a) a distinct offence, under the common law, of maintenance
(including champerty and embracery);
(b) challenging to fight;
(c) eavesdropping;
(d) being a common barrator, a common scold or a common night
walker.
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(2) For the avoidance of doubt, it is hereby declared that to the extent (if
any) that the following Acts of the Parliament of England apply in the Territory,
namely—
(a) The Champerty Act (28 Edw. I.c.11); and
(b) The Maintenance and Embracery Act 1540 (32 Hen. VIII c.9),
they are hereby repealed in relation to the Territory.

Repeals and consequential amendments

362. (1) The enactments specified of Schedule 3, Part I are hereby repealed.
(2) The amendments specified in Schedule 3, Part II shall apply generally
to any enactment to which they are relevant.
____________
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SCHEDULE 1
(Sections 355 and 358)
TABLE OF OFFENCES AND PENALTIES
In this Table
“A” means offender may be arrested by a police officer without a warrant;
“S” means triable summarily, subject to the provisions of the Magistrate’s Code of
Procedure Act and the Criminal Procedure Act.
Nothing in the description of an offence in the second column of this Table shall be
construed as adding to or derogating from the provisions contained in the relevant
section of this Code.

Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
36 Treason Life A
37 Concealment of treason Life A
38 Treason felony Life A
41 Incitement to mutiny Life A
42 Aiding, etc. acts of 5 years A
mutiny
43 Inducing police officer, 6 months S
etc. to desert
44 Piracy jure gentium Life A
45 Piracy in other cases As in English A
law
48(2) Sedition— A
(a) on summary 3 years S
conviction $3,000
(b) on conviction on 10 years
indictment
48(3) Possession of seditious 2 years S
publication $2,000
50(1) Importation, etc., of 3 years S
prohibited publications $3,000
50(2) Possession of 2 years S
prohibited publications $2,000
51 Failure to surrender 2 years S
prohibited publication $2,000
received innocently
(Amended by Act 8 of 2006)
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
55 Unlawful oath to Life A
commit serious offence
56 Other unlawful oaths to 10 years A
commit offences
58(1) Unlawful drilling 7 years A
58(2) Participating in 2 years S
unlawful drilling $2,000
59 Doing anything likely S
to cause fear—
(a) on summary 2 years S
conviction $20,000
(b) on conviction on 5 years
indictment $50,000
(Amended by Act 7 of
2002)
60 Defamation of foreign 2 years S
potentates, etc. $2,000
61 Foreign enlistment 2 years S
$2,000
62 Unlawful assembly 1 year S
(Amended by Act 8 of $1,000
2006)
63 Riot 5 years A
$5,000
64 Rioting after 10 years A
proclamation
65(1) Forcibly preventing 10 years A
proclamation
65(2) Rioting after prevention 5 years A
of proclamation
66 Rioters damaging 14 years A
property
67 Rioters obstructing, etc. 2 years S
aircraft or ships $2,000
69 Importation, etc. of 10 years A
prohibited weapons $10,000
70 Carrying offensive 2 years S
weapon $2,000
71 Refusal to accompany $100 S
police officer to be
searched
72 Forcible entry 2 years S
$3,000
73 Forcible detainer 2 years S
$2,000
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
74(1) Entering property to 1 year S
intimidate, etc. person $1,000
in possession
74(2) Entering property which 2 years S
is a vessel, etc. to $2,000
commit offence
75 Challenging to fight 2 years S
$2,000
76 Affray 1 year S
$1,000
77(1) Threatening violence 1 year S
77(2) Threatening violence at 2 years S
night
78 Assembling for purpose 2 years S
of smuggling $2,000
80(2) Bribery by public A
official—
(a) on summary 3 years S
conviction $ 30,000
(b) on conviction on 7 years
indictment $50,000 or 3
times the value of
the gratification
whichever is
higher

81(2) Bribery of public A

official—
(a) on summary 3 years S
conviction $30,000
(b) in case of an 7 years
individual, on $50,000 or 3
conviction on times the value of
indictment the gratification
whichever is
higher
(c) in case of a body $250,000 or 3
corporate, on times the value of
conviction on the gratification
indictment whichever is
higher
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
82(1) Taking gratification to A
screen offender—
(a) on summary 2 years S
conviction
(b) on conviction on 5 years
indictment
83(1) Public official using A
office for
gratification—
(a) on summary 3 years S
conviction $30,000
(b) on conviction on 7 years
indictment $50,000 or 3
times the value of
the gratification
whichever is
higher
84(2) Bribery of public A
official to influence
decision of public
body—
(a) on summary 3 years S
conviction $30,000
(b) in case of an 7 years
individual, on $50,000 or 3
conviction on times the value of
indictment the gratification
whichever is
higher
(c) in case of a body $250,000 or 3
corporate, on times the value of
conviction on the gratification
indictment whichever is
higher
84(4) Bribery by public A
official to influence
decision of public
body—
(a) on summary 3 years S
conviction $30,000
(b) on conviction on 7 years
indictment $50,000 or 3
times the value of
the gratification
whichever is
higher
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
85(2) Bribery of foreign A
public official—
(a) on summary 3 years S
conviction $30,000
(b) in case of an 7 years
individual, on $50,000 or 3
conviction on times the value of
indictment the gratification
whichever is
higher
(c) in case of a body $250,000 or 3
corporate, on times the value of
conviction on the gratification
indictment whichever is
higher
85(5) Bribery by foreign A
public official—
(a) on summary 3 years S
conviction $30,000
(b) on conviction on 7 years
indictment $50,000 or 3
times the value of
the gratification
whichever is
higher
86 Influencing public A
official—
(a) on summary 5 years S
conviction $50,000
(b) on conviction on 10 years
indictment $75,000
87(6) Trading in influence— A
(a) on summary 3 years S
conviction $30,000
(b) in case of an 7 years
individual, on $50,000 or 3
conviction on times the value of
indictment the gratification
whichever is
higher
(c) in case of a body $250,000 or 3
corporate, on times the value of
conviction on the gratification
indictment whichever is
higher
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
88(2) Public official taking A
gratification—
(a) on summary 3 years S
conviction $30,000
(b) on conviction on 7 years
indictment $50,000 or 3
times the value of
the gratification
whichever is
higher
89(3) Bribery for procuring A
contracts—
(a) on summary 3 years S
conviction $30,000
(b) in case of an 7 years
individual, on $50,000 or 3
conviction on times the value of
indictment the gratification
whichever is
higher
(c) in case of a body $250,000 or 3
corporate, on times the value of
conviction on the gratification
indictment whichever is
higher
90(3) Conflict of interests— A
(a) on summary 2 years S
conviction $10,000
(b) on conviction on 5 years
indictment $25,000
91 Treating of public A
official—
(a) on summary 2 years S
conviction $10,000
(b) on conviction on 5 years
indictment $25,000
92(2) Receiving gift for A
corrupt purpose—
(a) on summary 3 years S
conviction $30,000
(b) on conviction on 7 years
indictment $50,000 or 3
times the value of
the gratification
whichever is
higher
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
93 Fraud or breach of trust A
by public official—
(a) on summary 3 years S
conviction
(b) on conviction on 7 years
indictment
94(2) Illicit enrichment 7 years A
$50,000 or 3
times the value of
the significant
increase
whichever is
higher
95(1) and Corruption of agent— A
(2) (a) on summary 3 years S
conviction $30,000
(b) on conviction on 7 years
indictment $50,000 or 3
times the value of
the gratification
whichever is
higher
96 Public official 1 year S
exercising powers in
respect of matter in
which he has private
interest
97 False claims by public 2 years S
officials
98 Abuse of powers of A
public official—
(a) on summary 3 years S
conviction
(b) on conviction on 7 years
indictment
(Substituted by Act 8 of 2006)
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
98(2) Abuse of powers of A
public official for
private gain—
(a) on summary 3 years S
conviction
(b) on conviction on 7 years
indictment
99 False certificates by 2 years S
public official
100 Unauthorised 1 year S
administration of oaths
101 False assumption of 2 years S
authority
102 Personation of public 3 years S
official
103 Threats to public official 3 years S
104 Deceiving witness 2 years S
105 Destroying evidence 2 years S
106 False swearing 2 years S
107 Perverting the course of 5 years A
justice
(Amended by Act 7 of
2002)
108(2) Unlawful disclosure of A
identity of informer—
(a) on summary 3 years S
conviction $10,000
(b) on conviction on 5 years
indictment $25,000
109(1) Offences relating to 2 years S
judicial proceedings
109(2) Summary punishment 1 month S
for offences committed $200
in view of court
110 Perjury 7 years A
111 Subornation of perjury 7 years A
112 Fabrication of evidence 7 years A
113 Contradictory 1 year S
statements by witness
116 Compounding offences 2 years S
117 Offering reward for 1 year S
return of stolen property $1,000
(Substituted by Act 8 of 2006)
 LAW OF
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
118(1) Rescue from lawful
custody—
(a) where prisoner Life A
under sentence of
life imprisonment
(b) in case of other 7 years A
prisoner
(c) in case of other 2 years
rescue
119 Escape from lawful A
custody—
(a) on summary 3 years S
conviction
(b) on conviction on 7 years
indictment
120 Permitting prisoner to A
escape—
(a) on summary 3 years S
conviction
(b) on conviction on 7 years
indictment
121(1) Aiding prisoner to 7 years A
escape
121(2) Harbouring or assisting 14 years A
another to harbour
prisoner
122 Removing property 3 years S
lawfully seized
123 Obstructing court 2 years S
officers
124 Giving false 3 years S
information to public $3,000
officer
125 Insulting religion 2 years S
$2,000
126 Disturbing religious 2 years S
assembly $2,000
127 Writing, etc. with intent 1 year S
to wound religious $1,000
feeling
(Substituted by Act 8 of 2006)
 LAW OF
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
128 Hindering burial, etc. 2 years S
$2,000
129(1) Trespassing on burial 2 years S
place, etc. with intent to $2,000
wound feelings or
insult, etc.
129(2) Removing, etc. flowers, 2 years S
etc. on or near grave $2,000
131(1) Rape Life A
132(1) Sexual intercourse with 14 years A
girl of or under 13 years
(Amended by Act 8 of
2006)
132(2) Attempt to commit 7 years A
offence under (1)
(Amended by Act 7 of
2002)
133 Unlawful sexual 7 years A
intercourse with girl
under 16 years
134 Intercourse with 7 years A
defective
135 Sexual assault by 10 years A
husband
136(1) Incest by man 10 years A
137(1) Incest by woman 10 years A
138 Indecent assault— A
(a) on summary 5 years S
conviction
(b) on conviction on 10 years
indictment - of or
under 13 years
(c) on conviction on 7 years
indictment - in any
other case
139 Indecency with child 5 years S
(Amended by Act 7 of
2002)
140 Permitting use of Life A
premises for sexual
intercourse by girl
(Substituted by Act 8 of 2006)
 LAW OF
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Revision Date: 30 June 2013

Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
141 Causing prostitution, 5 years A
etc. of girl under 16
years
142 Causing prostitution of 3 years S
woman
143 Procuring woman by 3 years S
threats
144 Procuring woman by 3 years S
false pretences
145 Administering drug to 7 years S
facilitate intercourse
146 Detention of woman in 5 years S
brothel
147 Man living on earnings 10 years A
of prostitution $10,000
148 Woman exercising 10 years A
control over prostitute $10,000
149 Living on earnings of 3 years S
male prostitution $3,000
150 Keeping a brothel 2 years S
$2,000
151(1) Letting premises for use
and (2) as brothel—
1. on first conviction 2 years S
for this offence $2,000
2. on second or 3 years S
subsequent $3,000
conviction for this
offence
(Amended by Act 8 of 2006)
 LAW OF
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
152 Use of poison, etc. to 14 years A
cause miscarriage
153 Supplying or 5 years A
procuring means to
cause miscarriage
154 Child destruction Life A
155(1) and (2) Bigamy 7 years A
156 Fraudulent pretence of 7 years A
marriage
157 Fraudulent taking part 5 years A
in marriage ceremony
158 Personation in 7 years A
marriage ceremony
160 Genocide—
(a) if killing involved Life A
(b) in any other case 14 years A
163 Murder Life A
165 Attempted murder Life A
166 Manslaughter Life A
167 Infanticide Life A
168 Threats to murder 10 years A
169 Conspiracy to murder 14 years A
170 Abetment of suicide 14 years A
171 Suicide pacts As for man- A
slaughter
174 Concealing birth of 2 years S
child
175 Causing grievous Life A
bodily harm with
intent
176 Inflicting bodily harm, 5 years A
with or without
weapon
177 Wounding 2 years S
(Amended by Act 8 of 2006)
 LAW OF
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
178 Attempting to choke, Life A
etc. to commit offence
179 Using anaesthetic, etc. Life A
to commit offence
180 Administering poison 10 years A
so as to endanger life or
inflict grievous bodily
harm
181 Administering poison 5 years A
with intent to injure,
etc.
182 Impeding escape from Life A
shipwreck
183 Causing bodily harm by Life A
corrosive substance or
explosive
184 Using explosive or Life A
corrosive substance
with intent to do
grievous harm
185 Placing explosive near Life A
building, etc. with
intent to cause bodily
harm
186 Causing explosion 14 years A
likely to endanger life
or property
187 Setting traps, etc. with 5 years A
intent to inflict grievous
bodily harm
188 Unlawful use of 5 years A
firearms
190 Reckless and negligent 2 years S
acts
191 Other negligent acts 6 months S
causing harm $500
192 Dealing with poisonous 6 months S
substance in negligent $500
manner
193(1) Acts tending to the Life A
destruction of aircraft
and ships
193(2) Acts tending to hinder 7 years A
guidance of seamen or
airmen
 LAW OF
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
194 Conveying person for 1 year S
hire in unsafe
conveyance
195 Common assault 1 year S
$1,000
196 Assault causing actual 5 years A
bodily harm—
(a) on summary 3 years S
conviction
(b) on conviction on 7 years
indictment
197 Assault on person A
protecting wreck—
on summary 3 years
conviction
on conviction on 7 years
indictment
198 Assaults specially 2 years S
punishable
199 Assaults on female or 6 months S
child $500
200 Assault on police 2 years S
officer, etc. $2,000
201 Neglecting servant or A
apprentice—
(a) on summary 3 years S
conviction—
(b) on conviction on 7 years
indictment
202 Failure to supply A
necessaries
(a) on summary 5 years S
conviction
(b) on conviction on 10 years
indictment
203 Abandoning or A
exposing child under 2
years—
(a) on summary 5 years S
conviction
(b) on conviction on 10 years
indictment
(Substituted by Act 8 of 2006)
 LAW OF
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
204 Cruelty to children—
(a) on conviction on 5 years A
indictment $5,000
(b) on summary 6 months S
conviction $500
(Amended by Act 7 of
2002)
205 Other negligent acts or A
commissions causing
harm—
(a) on summary 3 years S
conviction
(b) on conviction on 7 years
indictment
207 Kidnapping 10 years A
208 Abduction with intent to 14 years A
remove from Territory or
to confine in Territory
209 Abduction or kidnapping 14 years A
female with intent to
marry, etc.
210 Unlawfully taking girl 2 years S
under 16 years away
from parent
211 Child stealing 7 years A
212 Wrongful confinement 5 years A
213 Unlawful compulsory 5 years A
labour
214 Human Trafficking 14 years A
215(2) Smuggling of migrants
(a) on summary 5 years A
conviction
(b) on conviction on 14 years
indictment
(Amended by Act 3 of
2007)
223 Theft—
(a) on summary 2 years S
conviction
(b) on conviction on 10 years
indictment
224 Robbery Life A
225 Burglary 14 years A
226 Aggravated burglary Life A
(Substituted by Act 8 of 2006)
 LAW OF
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
227 Removing articles from A
place open to the
public—
(a) on summary 2 years S
conviction
(b) on conviction on 5 years
indictment
228 Abstraction of 2 years S
electricity $2,000
229 Fraudulent use of 2 years S
telephone, fax or telex $2,000
system
230 Taking conveyance 2 years S
without authority $2,000
231 Obtaining property by 10 years A
deception
232 Evasion of liability by A
deception—
(a) on summary 1 year S
conviction
(b) on conviction on 5 years
indictment
233 Obtaining pecuniary A
advantage or services
by deception—
(a) on summary 1 year S
conviction
(b) on conviction on 5 years
indictment
234 Drawing dishonoured
cheque—
(a) on summary 1 year S
conviction $3,000
(b) on conviction on 5 years
indictment $5,000

235 Making off without 6 months S

payment $500
236 False accounting 7 years A
238 False statements by 7 years A
company directors, etc.
(Amended by Act 7 of 2002 and substituted by Act 8 of 2006)
 LAW OF
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
239 Destruction, etc. of A
valuable security or
procuring execution of
same by deception—
(a) on summary 3 years S
conviction
(b) on conviction on 7 years
indictment
240 Blackmail 14 years A
241 Handling stolen A
goods—
(a) on summary 5 years S
conviction
(b) on conviction on 10 years
indictment
245 Going equipped to A
steal, etc.—
(a) on summary 5 years S
conviction
(b) on conviction on 10 years
indictment
250 Forgery of certain
documents with intent
to defraud—
(a) under subsection (1) Life A
(b) under subsection (2) 14 years A
251 Forgery of certain
documents with intent
to defraud or deceive—
(a) under subsection (1) Life A
(b) under subsection (2) 14 years A
(c) under subsection (3) 7 years A
252 Forging or uttering 7 years A
forged court documents
253 Forging or uttering Life A
forged documents
relating to registration
of births, marriages and
deaths
(Substituted by Act 8 of 2006)
 LAW OF
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
254 Forgery of passport 2 years S
$2,000
255 Forgery of other 2 years S
documents with intent $2,000
to defraud or deceive
256 Forgery of seals and
dies—
(a) under subsection (1) Life A
(b) under subsection (2) 14 years A
257 Uttering forged The same
document, etc. with penalty as if he
intent to deceive or had forged the
defraud document, etc.
258 Uttering cancelled or The same
spent document penalty as if he
had forged the
document
260 Demanding property on 14 years A
forged document
261 Possession of forged 14 years A
notes, documents, seals
or dies
262 Making or possessing 7 years A
implements or materials
for forgery
263 Unauthorised 2 years S
possession of paper, etc.
used for manufacture of
currency notes
265 Counterfeiting coin—
(a) resembling gold or Life A
silver coin
(b) resembling coin of 7 years A
other metal
 LAW OF
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Revision Date: 30 June 2013

Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
266 Impairing, etc. current
coin—
(a) impairing gold or 14 years A
silver coin
(b) unlawfully 7 years A
possessing gold or
silver filings,
clippings, etc.
obtained by
impairing current
coin
267 Knowingly uttering or
possessing counterfeit
coin—
(a) under subsection (1) 1 year S
$1,000
(b) under subsection (2) 2 years S
$2,000
(c) under subsection (3) 5 years A
(d) under subsection (4) 1 year S
$1,000
(e) under subsection (5) 14 years A
(f) under subsection (6) 1 year S
$1,000
268 Dealing in counterfeit 7 years A
coin
269 Importing and 7 years A
exporting counterfeit
coin
 LAW OF
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
270 Making, possessing and 1 year S
selling articles
resembling gold or
silver coin
271 Making, possessing,
etc. implements for
coining—
(a) under subsection (1) 14 years A
(b) under subsection (2) 14 years A
(c) under subsection (3) 7 years A
272 Defacing and uttering
defaced coins—
(a) under subsection (1) 1 year S
$1,000
(b) under subsection (3) $100 S
273 Melting down currency 6 months S
$500
274 Mutilating or defacing $200 S
currency notes
275 Imitation of currency—
(a) under subsection (1) 6 months S
$500
(b) under subsection (2) 6 months S
$500
(c) under subsection (3) $200 S
277 Personation in
general—
(a) under subsection (1) 1 year S
$1,000
(b) under subsection (2) 7 years A
 LAW OF
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
278(1) Personation of person The same A
named in certificate, penalty as for
etc. forgery of the
certificate, etc.
278(2) Lending certificate, etc. 7 years A
to another for
personation of person
named therein
279 Personation of person
named in testimonial—
(a) under subsection (1) 1 year S
$1,000
(b) under subsection (2) 1 year S
$1,000
280 Falsely acknowledging 7 years A
recognisances, etc.
281(4) Destroying or damaging A
property—
(a) in the case of Life, Life
arson or an offence
under subsection (2)
(b) in any other case – 5 years S
on summary
conviction
(c) in any other case – 10 years
on conviction on
indictment
282 Threats to destroy or A
damage property—
(a) on summary 3 years S
conviction
(b) on conviction on 10 years
indictment
283 Possessing anything A
with intent to destroy or
damage property—
(a) on summary 3 years S
conviction
(b) on conviction on 10 years
indictment
288(1) Casting away ships, etc. Life A
 LAW OF
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
291 Illegal access— A
(a) on summary 3 years S
conviction $7,000
(b) on conviction on 5 years
indictment $10,000
292 Interfering with data— A
(a) on summary 3 years S
conviction $7,000
(b) on conviction on 5 years
indictment $10,000
293 Interfering with A
computer system—
(a) on summary 3 years S
conviction $7,000
(b) on conviction on 5 years
indictment $10,000
294 Illegal interception of A
data, etc.—
(a) on summary 3 years S
conviction $7,000
(b) on conviction on 5 years
indictment $10,000
295 Dissemination of A
unlawfully acquired
computer data—
(a) on summary 3 years S
conviction $7,000
(b) on conviction on 5 years
indictment $10,000
296 Illegal devices— A
(a) on summary 3 years S
conviction $7,000
(b) on conviction on 5 years
indictment $10,000
298 Failing to assist police 6 months S
$500
303 Failing to comply with 6 months S
police request $500
305 Breach of 6 months S
confidentiality $500
(Substituted by Act 8 of 2006 and amended by Act 3 of 2007)
 LAW OF
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
306 Criminal libel 1 year S
$1,000
314 Common nuisance 6 months S
$500
315 Watching and besetting 6 months S
$500
316 Sending chain letters 6 months S
$500
317 Importing, distributing, 6 months S
etc. obscene $500
publications
318 Child pornography 14 years A
319 Idle and disorderly 3 months S
person $250
320 Rogue and vagabond—
(a) for first offence 1 year S
(b) for second or 2 years S
subsequent offence
321 Disorderly conduct—
(a) under subsection (1) 3 months S
$250
(b) under subsection (2) 3 months S
$250
(c) under subsection (3) 6 months S
$500
(d) under subsection (4) 3 months S
$250
(e) under subsection (5) 3 months S
$250
322 Drunkenness in public
place—
(a) on first conviction $50 S
(b) on second or $100 S
subsequent
conviction
 LAW OF
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
(c) on subsequent 3 months S
conviction within 12 $250
months of second or
subsequent
conviction
(d) when in charge of 6 months S
vehicle or firearm $500
323 Abusive and false
statements—
(a) under subsection (1) 3 months S
$250
(b) under subsection (2) 1 year S
$1,000
(c) under subsection (4) 6 months S
$500
324 Practising or dealing in 1 year S
obeah, etc. $1,000
325 Acts likely to spread S
disease—
(a) under subsection (1) 14 years A
(b) under subsection (2) 5 years A
(Amended by Act 7 $10,000
of 2002)
326 Pollution, noises and S
smells, etc.—
(a) under subsection 14 years A
(2)(a) $75,000
(b) under subsection 10 years A
(2)(b) $50,000
(c) under subsection 5 years
(2)(c) $25,000
327 Adulteration of food, 6 months S
etc. $500
328 Unauthorised wearing 6 months S
of uniform $500
329 Negligence with fire—
(a) under subsection (1) 3 months S
$250
(b) under subsection (2) 1 year S
$1,000
 LAW OF
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Revision Date: 30 June 2013

Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
330 Throwing missile in 1 year S
public place $1,000
331 Defacing buildings, etc. 3 months S
$250
332 Removing boats, etc. 1 year S
$1,000
333 Failing to control $250 S
animals in public place
334 Letting off fireworks 3 months S
and firearms in public $250
place
335 Gambling—
(a) under subsection (1) 1 year S
$1,000
(b) under subsection (6) 6 months S
$500
(c) under subsection (7) 3 months S
$250
336 Neglecting to maintain 3 months S
family $250
337 Unlawful depasturing 3 months S
of animals $250
338 Obstructing police 6 months S
officer $500
339 Refusing to assist police 3 months S
officer $250
340 Using animal without $250 S
consent of owner
341 Indecency in public
place—
(a) under subsection (1) 3 months S
$250
(b) under subsection (2) $250 S
(c) under subsection (3) 6 months S
$500
 LAW OF
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Criminal Nature of offence Maximum Arrestable Triable

Code punishment without summarily
section warrant
342 Having thing 6 months S
reasonably suspected $500
of being stolen
343 Unlawfully preventing 3 months S
work or trading $250
346 Conspiracy to commit The same
an offence penalty
prescribed for
that offence
347 Conspiracy tending to 6 months S
corrupt public morals $500
or outrage public
decency
351 Attempt or incitement
to commit an offence
where no other
punishment
prescribed—
(a) if completed 7 years A
offence punishable
by imprisonment
for life
(b) in any other case The same
penalty as for the
completed
offence
352 Assisting offender—
under subsection 10 years A
(5)(a)
under subsection 7 years A
(5)(b)
under subsection (5)(c) 5 years A
under subsection 3 years S
(5)(d)
353 Concealing offence 2 years S
356 Giving false 6 months S
information to police $500
(Amended by Acts 7 of 2002, 8 of 2006 and 3 of 2007)
____________
 LAW OF
VIRGIN ISLANDS Criminal Code 179
Revision Date: 30 June 2013

SCHEDULE 2
(Section 359)
TABLE OF ALTERNATIVE VERDICTS
When a person is charged with an offence mentioned in the first column of this Table
and the court is of the opinion that he or she is not guilty of that offence but that he or
she is guilty of another offence mentioned in the third column of this Table, he or she
may be convicted of the latter offence although he or she was not charged with it.
Nothing in the description of an offence in this Table shall be construed to add to or
derogate from the provisions in this Code in relation to that offence.

Offence charged Section Alternative conviction Section of

of Code of other offence Code or
other law
Burglary s. 225 Theft s. 223

Destroying or damaging property s. 281

Causing grievous s. 175 Inflicting grievous bodily harm s. 176
bodily harm with
intent so to do
Incest by man s. 136 Sexual intercourse with girl under age of 13 s. 132
Sexual intercourse with girl under age of 16 s. 133
Intercourse with defective s. 134

Indecent assault s. 138 Common assault s. 195

Infanticide s. 167 Child destruction s. 154

Concealing the birth of a child s. 174

Inflicting s. 176 Assault causing actual bodily harm s. 196
grievous bodily
harm
Common assault s. 195

Child destruction s. 154 Use of poison, etc. or instruments to cause s. 152

miscarriage
Manslaughter s. 166 Child destruction s. 154
Abetment of suicide
 LAW OF
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Offence charged Section Alternative conviction Section of

of Code of other offence Code or
other law
Killing where use Reckless or dangerous driving ss. 26 and 30
of vehicle involved of the Road
Traffic Act
Murder s. 161 Manslaughter s. 166
Infanticide s. 167
Abetment of suicide s. 170
Child destruction s. 154
Wounding or causing grievous s. 175
bodily harm, with intent so to do
Concealing the birth of a child s. 174
Attempt to commit murder s. 165
Any other offence of which he
might be found guilty on a charge
of murder
Administering s. 180 Administering poison with intent s. 181
poison so as to to injure
endanger life, etc.
Rape s. 131 Sexual intercourse with girl under s. 132
age of 13
Sexual intercourse with girl under s. 133
age of 16
Indecent assault s. 138
Procurement of woman by threats s. 143
Procurement of woman by false s. 144
pretences
Administering drugs to obtain or s. 145
facilitate intercourse
Common assault s. 195
Theft s. 223 Taking conveyance without s. 230
authority
Handling stolen goods s. 241
Using animal without consent of s. 340
owner

Note: See also s. 352(4) under which a person tried on indictment for any arrestable offence,
if found not guilty of that offence, may be convicted of an offence, under subsection (1) of
that section, for assisting an offender.
____________
 LAW OF
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Revision Date: 30 June 2013

SCHEDULE 3
(Section 329)
PART I
ENACTMENTS REPEALED
Accessories and Abettors Act (Cap. 2)
By-Laws (Printing of False Copies) Act (Cap. 9)
Coinage Offences Act (Cap. 11)
Criminal Law (Amendment) Act (Cap. 17)
Forgery Act (Cap. 30)
Infant Life (Preservation) Act (Cap. 33)
Larceny Act (Cap. 39)
Larceny (Summary Offences) Act (Cap. 40)
Malicious Damage Act (Cap. 46)
Obeah Act (Cap. 52)
Passport (Offences) Ordinance (Cap. 131)
Perjury Act (Cap. 54)
Piracy Act (Cap. 55)
Praedial Larceny (Prevention) Act (Cap. 57)
Riot Act (Cap. 69)
Sedition and Undesirable Publications Act (Cap. 70)
Sentence of Death (Expectant Mothers) Act (Cap. 71)
Small Charges Act (Cap. 72)
Uniforms Act (Cap. 76).
____________
PART II
AMENDMENTS OF GENERAL APPLICATION
1. The words “with hard labour”, “without hard labour” and “with or without hard
labour” contained in any enactment not amended under Part II shall be omitted
from the enactment.

2. The words “misdemeanour” and “felony” contained in any enactment not amended
under Part II shall be deleted and substituted by the word “offence”, “summary
offence” or “indictable offence” as may be appropriate.

3. Where in any enactment any enactment repealed under Part I is referred to and has
not been amended under Part II, the repealed enactment shall be deleted and
substituted by the words and figures “Criminal Code, 1997” and where there is a
reference to a section of the repealed enactment the section shall be amended by
substituting therefor the appropriate section of the Criminal Code, 1997.
____________