Revised Laws of Saint Lucia (2021)

11.   Unlawful possession of devices and data

1.  

   (1)   A person shall not—

   1.  

      (a)     knowingly manufacture, or produce, sell, procure for use, import, distribute or otherwise make available, a computer system or any other device, designed or adapted primarily for the purpose of committing an offence under sections 5 to 10;

   1.  

      (b)     knowingly receive, or be in possession of, without sufficient excuse or justification, one or more of the devices referred to in paragraph (a);

   1.  

      (c)     have in his or her possession any data or program with the intention that the data or program is to be used by that person or another person, to commit or facilitate the commission of an offence under this Act.

1.  

   (2)   A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 5 years or both and in the case of a subsequent conviction, to a fine not exceeding $400,000 or to imprisonment for a term not exceeding 10 years or both.

1.  

   (3)   For the purposes of subsection (1)(c), possession of any data or program includes having—

   1.  

      (a)     possession of a computer system or data storage device that holds or contains the data or program;

   1.  

      (b)     possession of a document in which the data or program is recorded; or

   1.  

      (c)     control of any data or program that is in the possession of another person.