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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 314CCUnlawful possession of radioactive material or making or possession of a lethal device.

Sub-title IV

En vigueurTexte officiel

(1) Whosoever unlawfully possesses radioactive material or makes or possesses a lethal device -

(a) with the intent to cause death or serious bodily injury;

or

(b) with the intent to cause serious damage to property or to the environment, shall be liable to the punishment laid down in article 313 increased by one or two degrees.

(2) Whosoever -

(a) threatens, under circumstances which indicate the credibility of the threat, to commit the offence under sub-article (1); or

(b) by the use of threats, under the same circumstances aforesaid, or by the use of force, unlawfully and knowingly demands radioactive material, a lethal device or a nuclear facility shall be liable to the punishment laid down in article 313 increased by one or two degrees.

(3) Whosoever -

(a) organizes or directs others to commit an offence under sub-articles (1) to (3), both inclusive; or

(b) in any other way knowingly contributes to the commission of one or more of the offences under sub-articles (1) to (3), both inclusive, by a group of persons acting with a common purpose when such contribution is made with the aim of furthering the general criminal activity or purpose of the group or in the knowledge of the intention of the group to commit the offence or offences concerned, shall be liable to the punishment laid down for the offence under sub-articles (1) to (3), both inclusive, as the case may be, provided that where that offence has only been attempted but not completed the punishment shall be that laid down for the attempted offence.

(4) In this article and in articles 314CA and 314CB:

"lethal device" has the same meaning assigned to it by article 314A(4) of and includes a nuclear explosive device;

"nuclear facility" means:

(a) any nuclear reactor, including reactors installed on vessels, vehicles, aircraft or space objects for use as an energy source in order to propel such vessels, vehicles, aircraft or space objects or for any other purpose;

(b) any plant or conveyance being used for the production, storage, processing or transport of radioactive material;

"nuclear material" shall have the same meaning assigned to it by article 314B(4);

"radioactive material" means nuclear material and other radioactive substances which contain nuclides which undergo spontaneous disintegration (a process accompanied by emission of one or more types of ionizing radiation, such as alpha-, beta-, neutron particles and gamma rays) and which may, owing to their radiological or fissile properties, cause death, serious bodily injury or substantial damage to property or to the environment; "public transportation system" "state or government facility", and "infrastructure facility" shall have the same meaning assigned to them respectively by article 314A(4).

Historique des modifications
  • Amended by VII.2010.22