BASSETERRE, St. Kitts, Jul. 11.2018 – POLICE are reminding the general public that they should familiarize themselves with the Electronic Crimes Act, after two persons were slapped with at least seven charges under the Act.
Shermel Jeffers of Gillard Meadows and Keith Harvey of Green Tree Housing, Old Road were both charged with varying counts of Unlawful Communication under the Electronics Crimes Act.
According to a police statement, the charges were laid on July 6.
In the case of Jeffers, police charged her with three (3) counts in the first instance, for the offence of Unlawful Communication which was committed between June 27 and 28, 2018.
Police said she was subsequently bailed in the sum of $20,000 for her appearance at the Basseterre Magistrate Court on July 13. Her bail was dependent on several conditions that were imposed: (1) she is to have no further communication with the Virtual Complainant; (2) she is to report to the Basseterre Police Station every Monday between 6:00 a.m. and 6:00 p.m.; and (3) she should not come within 100 feet of the Virtual Complainant.
Harvey was arrested and charged on four (4) counts in the first instance, for the offence of Unlawful Communication Police said the offences were committed between June and July 2018 and between May and July 2018.
Police disclosed that in both cases, the communication was transmitted via WhatsApp, a messenger application that uses the internet to send messages, images, audio or video.,-
“Section 14.1 of the Electronic Crimes Act, under the subheading ‘Unlawful Communication’ states that where a person without lawful excuse or justification knowingly uses a computer system to send a message, letter, or electronic communication that (a) is obscene, (b) constitutes a threat; or (c) is menacing in character, to a recipient and intends to cause the recipient or any other person who is the subject of that message or letter or electronic communication to feel intimidated, molested, harassed or threatened, commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of twelve months or to both such fine and imprisonment,” police said in a statement.
The statement further read, “Section 14.2 goes on to state that where a person without lawful excuse or justification publishes the message, letter or electronic communication referred to in subsection (1), to any other person not being a person who is the subject of the message, letter or electronic communication, then that first person commits an offence and is liable on summary conviction to a fine of fifteen thousand dollars or to imprisonment for a term of two years or to both such fine and imprisonment.”
Police did not disclose what the contents were and the identity of the recipient.