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PERSONS CHARGED WITH OFFENCES UNDER THE ELECTRONIC CRIMES ACT

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Basseterre, St. Kitts, July 08, 2018 (RSCNPF): Two (2) persons were formally charged on July 06 for the offence of Unlawful Communication under the Electronic Crimes Act.

 

Shermel Jeffers of Gillard Meadows was charged on three (3) counts, in the first instance, for the offence of Unlawful Communication which was committed between June 27 and 28, 2018. She was subsequently bailed in the sum of $20,000 for her appearance at the Basseterre Magistrate Court on July 13. The following conditions were also imposed: (1) she is to have no further communication with the Virtual Complainant; (2) she is to report to the Basseterre Police Station every Monday between 6 a.m. and 6 p.m.; and (3) she should not come within 100 feet of the Virtual Complainant.

 

Also arrested and charged on four (4) counts in the first instance, for the offence of Unlawful Communication was Keith Harvey of Green Tree Housing, Old Road. The offences were committed between June and July, 2018 and between May and July, 2018.

 

In both cases the communication was transmitted via WhatsApp which is a messenger application that uses the internet to send messages, images, audio or video. Section 14.1 of the Electronic Crimes Act, under the subheading “Unlawful Communication” states that where a person without lawful excuse or justification knowingly uses a computer system to send a message, letter, or electronic communication that (a) is obscene, (b) constitutes a threat; or (c) is menacing in character, to a recipient and intends to cause the recipient or any other person who is the subject of that message or letter or electronic communication to feel intimidated, molested, harassed or threatened, commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of twelve months or to both such fine and imprisonment. Section 14.2 goes on to state that where a person without lawful excuse or justification publishes the message, letter or electronic communication referred to in subsection (1), to any other person not being a person who is the subject of the message, letter or electronic communication, then that first person commits an offence and is liable on summary conviction to a fine of fifteen thousand dollars or to imprisonment for a term of two years or to both such fine and imprisonment.

Persons are asked to familiarize themselves with the legislation and be guided accordingly.

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