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- Criminal Code section 430
§ Mischief
- Wilful and Forbidden Acts in Respect of Certain Property
- Mischief
- Section 430, Mischief
- Section 430(4.1), Mischief relating to religious property
- Section 430(4.11), Mischief relating to war memorials
- Section 430(4.2), Mischief in relation to cultural property
- Section 430(5), Mischief in relation to computer data
- Section 431, Attack on premises, residence or transport of internationally protected person
- Section 431.1, Attack on premises, accommodation or transport of United Nations or associated personnel
- Section 431.2(2), Explosive or other lethal device
- Section 432, Unauthorized recording of a movie
- Arson and Other Fires
- Other Interference with Property
- Cattle and Other Animals
- Cruelty to Animals
Place holder.
Mischief
430. (1) Every one commits mischief who wilfully
- destroys or damages property;
- renders property dangerous, useless, inoperative or
ineffective;
- obstructs, interrupts or interferes with the lawful use,
enjoyment or operation of property; or
- obstructs, interrupts or interferes with any person in the
lawful use, enjoyment or operation of property.
Mischief in relation to computer data
(1.1) Everyone commits mischief who wilfully
- 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.
Punishment
(2) Every one who commits mischief that causes actual danger to
life is guilty of an indictable offence and liable to imprisonment
for life.
Punishment
(3) Every one who commits mischief in relation to property that is
a testamentary instrument or the value of which exceeds five
thousand dollars
- is guilty of an indictable offence and liable to imprisonment
for a term not exceeding ten years; or
- is guilty of an offence punishable on summary conviction.
Idem
(4) Every one who commits mischief in relation to property, other
than property described in subsection (3),
- is guilty of an indictable offence and liable to imprisonment
for a term not exceeding two years; or
- is guilty of an offence punishable on summary conviction.
Definition of "property"
428. In this Part, "property" means real or personal corporeal
property.
R.S., c. C-34, s. 385.
Wilfully causing event to occur
429. (1) Every one who causes the occurrence of an event by doing
an act or by omitting to do an act that it is his duty to do,
knowing that the act or omission will probably cause the occurrence
of the event and being reckless whether the event occurs or not,
shall be deemed, for the purposes of this Part, wilfully to have
caused the occurrence of the event.
Colour of right
(2) No person shall be convicted of an offence under sections 430
to 446 where he proves that he acted with legal justification or
excuse and with colour of right.
Interest
(3) Where it is an offence to destroy or to damage anything,
- the fact that a person has a partial interest in what is
destroyed or damaged does not prevent him from being guilty of
the offence if he caused the destruction or damage; and
- the fact that a person has a total interest in what is
destroyed or damaged does not prevent him from being guilty of
the offence if he caused the destruction or damage with intent
to defraud.
R.S., c. C-34, s. 386.