Mischief in relation to computer data, as defined in section 430(1.1) of the Criminal Code, occurs when an individual:
- Destroys or alters computer data;
- Renders computer data meaningless, useless, or ineffective;
- Obstructs, interrupts, or interferes with the lawful use of computer data; or
- Obstructs, interrupts, or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.
When the mischief in relation to computer data causes actual danger to life, the offence is a straight indictable offence with a maximum penalty of incarceration for life.
When the mischief in relation to computer data is in regard to property that is a testamentary instrument or the value of which exceeds five thousand dollars, the offence is a hybrid offence. This means that the Crown can choose to proceed with the charge either by indictment or by summary conviction. If convicted of an indictable offence, you will face more severe penalties than if sentenced for a summary conviction.
When the mischief in relation to computer data is in relation to property other than the property described above, the offence is a hybrid offence. This means that the Crown can choose to proceed with the charge either by indictment or by summary conviction. If convicted of an indictable offence, you will face more severe penalties than if sentenced for a summary conviction.
