Criminal Code (Cap. 9), article 251BB

251BB. (1) Any person who with intention to cause physical or mental harm to another person, inc luding self harm or to arouse apprehension or fear in the other person for his or her own saf ety or that of any other person, does any of the following acts shall be guilty of an offence against this article: (a) stalks another person by contacting another person through the use of a computer or other electronic communication device or by any other digital or communication device whatsoever; (b) causes an unauthorised computer function in a computer owned or used by another person; (c) traces the other person’s use of the internet or other electronic communication. (2) For the purpose of this article, a person whose course of conduct is in question ought to know that it will cause physica l or mental harm to another person, including self harm or that it w ill arouse apprehension or fear in the other person for his own saf ety or that of any other person, if a r easonable person in possession of the said information would think that the course of conduct would cause any one of the said consequences on the other person on that occasion. (3) A person found guilty of an of fence under this article shall be liable to imprisonment for a term for one (1) year to five (5) years, or to a fine (multa) not exceeding thirty thousand euro (€30,000), or to both such fine and imprisonment. (4) The provision of sub-article (1) shall not apply to conduct engaged in by a person performing official duties for the purpo se of: (a) the enforcement of criminal law; (b) the administration of any Act; (c) the enforcement of a law imposing a pecuniary penalty; 138 CAP . 9.] CRIMINAL CODE (d) the execution of any warrant issued by a competent authority; or (e) the protection and coll ection of public revenue. (5) It shall constitute a defence to the charge, for the accused to prove that the course of conduct was engaged without malicious intent: (a) in the normal course of a lawful business, trade, profession or enterprise; or (b) for the purpose of engaging in discussion or communication with respect to public affairs. (6) The punishment shall be incre ased by one degree where any one or more of the following circumstances results: (a) where the harm is caused to a person under age or a person who is vulnera ble as a result of his mental capacity; or (b) where the offence is committed by two (2) or more persons acting together. Cyberbullying. Added by: XXVII.2025.2.