Criminal Code (Cap. 9), article 328A

328A. (1) F or the pur poses of this S ub- title, "act of terr or ism" means any act listed in sub-article (2), committed wilfully, wh ich may seriously damage a country or an international organization where committed w ith the aim of: (a) seriously intimidating a population, or (b) unduly compelling a Government or international organization to perform or abstain from performing any act, or (c) seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organization. (2) The acts to which reference is made in sub-article (1) are the following: (a) taking away of the life or liberty of a person; (b) endangering the life of a person by bodily harm; (c) bodily harm; (d) causing extensive destructi on to a state or government facility, a public trans portation system, an infrastructure facility, including an information system, a fixed platform l ocated on the continental shelf, a public place or pri vate property likely to *originally, as enacted by Act VI of 2005, this Sub-title was n umbered Sub-title V. 182 CAP . 9.] CRIMINAL CODE endanger the life or to cause serious injury to the property of any other person or to result in serious economic loss; (e) seizure of aircraft, ships or other means of public or goods transport; (f) manufacture, possession, acq uisition, transport, supply or use of weapons, explosives or of nuclear, biological, radiological or chemical weapons; (g) research into or development of biological, radiological, nuclear and chemical weapons; (h) release of dangerous subs tances, or causing fires, floods or explosions endangering the life of any person; (i) interfering with or disrupting the supply of water, power or any other fundamental natural resource endangering the life of any person; (j) illegal system interference as defined in article 337C(1)(ee) and illegal data int erference as defined in article 337C(1)(g); (k) threatening to commit any of the acts in paragraphs ( a) to ( j): Provided that in this sub-article "state or government facility", "infrastructure fac ility" and "public transportation system" shall have the same meaning assigned to them in article 314A(4). (3) Whosoever commits an act of terrorism shall be guilty of an offence and shall be liable on conviction to the punishment of imprisonment from seven years to life. (4) For the purposes of this Sub-title, "terrorist activities" means any of the following acts, whenever or wherever carried o ut: (a) an act of terrorism as def ined in sub-article (1); (b) the unlawful seizure or the exercise of control of an aircraft in flight, by the use of force or threat thereof, or by any other form of intimidation; (c) the unlawful and intentional commission of any of the following acts: (i) an act of violence against a person on board an aircraft in flight, which is likely to endanger the safety of th at aircraft; (ii) the destruction of an aircraft in service or the causing of damage to such an aircraft, which renders it incapable of flight or which is likely to endanger its safety in flight; (iii) the placing or the causing to be placed on an aircraft in service, by any means whatsoever, of a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight or which is likely to CRIMINAL CODE [CAP. 9. 183 endanger its safety in flight; (iv) the destruction or the d amaging of air navigation facilities, or the interference with their operation, where such an act is likely to endanger the safety of an aircraft in flight; (v) the communication of information which is known to be false, thereby endangering the safety of an aircraft in flight; (d) the intentional commission of any of the following acts: (i) the taking away of the life or liberty of, or the causing of bodily harm to, an internationally protected person; (ii) the carrying out of a violent attack upon the official premises, the private accommodation or the means of transport of an internationally protected person likely to endanger his person or liberty; (iii) a threat to commit any of the acts mentioned in sub-paragraphs (i) and (ii); (e) the seizure or detention and the threat to take away the life, to cause bodily harm or to continue to detain another person (the "hostage") in order to compel a State, an international intergovernmental organisation, a natural or juridical person or a group of persons, to do or to abstain from doing any act as an explicit or implicit condition for the release of the hostage; (f) the unlawful and intentional commission of any of the following acts, using any de vice, substance or weapon: (i) the performance of an act of violence against any person at an airport serving international civil aviation, which cau ses or is likely to cause serious injury or death, where any such act endangers or is likely to endanger safety at that airport; or (ii) the destruction or the serious damaging of the facilities of an airport s erving international civil aviation or an aircraft not in service located thereon, or the disruption of the services of such an airport, where any such act endangers or is likely to endanger safety at that airport; (g) an attempt to perform any of the acts referred to in paragraphs ( b) to ( f) or the participation as an accomplice in the performan ce or attempt thereof; (h) the intentional commission of any of the following acts: (i) the receipt, possession, u se, transfer, alteration, disposal or dispersal of nuclear material, without lawful authority, which causes or is likely to cause death or serious injury to any person or 184 CAP . 9.] CRIMINAL CODE substantial damage to property; (ii) the theft or fraudulent obtaining of nuclear material; (iii) the demand for nuclear material by threat or use of force, or by any othe r form of intimidation; (iv) the threat to use nucl ear material to cause death or serious injury to any person or substantial damage to property, or the threat to commit theft of nuclear material in o rder to compel a natural or legal person, international organisation or State to do or to refrain from doing any act; (v) an attempt to commit any of the acts mentioned in sub-paragraphs (i) and (ii) or the participation as an accomplice in any of the acts mentioned in sub-paragraphs (i) to (iv) or any attempt thereof; (i) the unlawful and intentional commission of any of the following acts: (i) the unlawful seizure or the exercise of control over a ship or fixed platform by the use of force or threat thereof, or by any other form of intimidation; (ii) the performance of an act of violence against a p e r s o n o n b o a r d a s h i p o r a f i x e d p l a t f o r m , which is likely to endanger the safe navigation of that ship or the safety of that fixed platform; (iii) the destruction of a ship or a fixed platform or the causing of damage to a ship or its cargo, or a fixed platform which is likely to endanger the safe navigation of that ship, or the safety of that fixed platform; (iv) the placing or the causing to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship or to cause damage to such ship or to its cargo, which endangers or is likely to endanger the safe navigation of that ship; (v) the placing or the caus ing to be placed on a fixed platform, by any means whatsoever, a device or substance which is likely to destroy that fixed platform or likely to endanger its safety; (vi) the destruction or the causing of serious damage to maritime navigational facilities or the serious interference with their operation, where such act is likely to endanger the safe navigation of a ship; (vii) the communication of information which is known to be false, thereby endangering the safe navigation of a ship; (viii) the causing of bodily h arm or the taking away of the life of a person in connection with the CRIMINAL CODE [CAP. 9. 185 commission or attempted commission of any of the acts mentioned in sub-paragraphs (i) to (vii); (j) an attempt to commit any of the acts referred to in paragraph ( i), the participation as an accomplice in the commission thereof or the abetting in the commission of such acts perpetra ted by another person; (k) the use of threats aimed at compelling a person to do or to refrain from doing any act referred to in sub- paragraphs (ii), (iii) a nd (vi) of paragraph ( i), where such a threat is likely to end anger the safe navigation of the ship or the safety of the fixed platform; (l) the unlawful and intentional delivery, placing, discharge or detonation of an explosive or other lethal device in, into or against a place of public use, a State or government facility, a public transportation system or an infrastructure facility with the intent to cause death or serious bodily harm, or with the intent to cause extensive destruction o f such a place, facility or system, where the destruction results in or is likely to result in major economic loss; (m) an attempt to commit any of the acts mentioned in paragraph ( l) or the participatio n as an accomplice in the performance or attempt thereof; (n) the organisation or direction of others to commit or to attempt to commit the acts mentioned in paragraph ( l); (o) the contribution in any way to the commission of any of the acts mentioned in paragraph ( l) or to the attempt thereof by a group of persons acting with a common purpose, where such contribution is intentional and is either made with the inten t to further the general criminal activity or purpose of the group or in the knowledge of the intention of the group to commit any of the acts mentioned in paragraph ( l); (p) any act intended to cause death or serious bodily harm t o a c i v i l i a n , o r t o a n y o t h e r p e r s o n n o t t a k i n g a n active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organisation to do or to abstain from doing any act. Terrorist groups. Added by: VI.2005.2. Amended by: III.2015.25; XLII.2018.5.