Criminal Damage Act, 1991
Interpretation. |
1.—(1) In this Act— | |
“compensation order” has the meaning assigned to it by section 9 (1); | ||
“to damage” includes— | ||
(a) in relation to property other than data (but including a storage medium in which data are kept), to destroy, deface, dismantle or, whether temporarily or otherwise, render inoperable or unfit for use or prevent or impair the operation of, | ||
(b) in relation to data— | ||
(i) to add to, alter, corrupt, erase or move to another storage medium or to a different location in the storage medium in which they are kept (whether or not property other than data is damaged thereby), or | ||
(ii) to do any act that contributes towards causing such addition, alteration, corruption, erasure or movement, | ||
(c) to do any act within the State that damages property outside the State, | ||
(d) to do any act outside the State that damages property within the State, and | ||
(e) to make an omission causing damage, | ||
and cognate words shall be construed accordingly; | ||
“data” means information in a form in which it can be accessed by means of a computer and includes a program; | ||
“property” means— | ||
(a) property of a tangible nature, whether real or personal, including money and animals that are capable of being stolen, and | ||
(b) data. | ||
(2) Property shall be treated for the purposes of this Act as belonging to any person— | ||
(a) having lawful custody or control of it, | ||
(b) having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest), or | ||
(c) having a charge over it. | ||
(3) Where, as respects an offence under section 2 , 3 (a) or 4 (a)— | ||
(a) the property concerned is a family home within the meaning of the Family Home Protection Act, 1976 , and | ||
(b) the person charged— | ||
(i) is the spouse of a person who resides, or is entitled to reside, in the home, and | ||
(ii) is the subject of a protection order or barring order (within the meaning in each case of the Family Law (Protection of Spouses and Children) Act, 1981 ) or is excluded from the home pursuant to an order under section 16 (a) of the Judicial Separation and Family Law Reform Act, 1989 , or any other order of a court, | ||
sections 2 , 3 (a) and 4 (a) shall have effect as if the references therein to any property belonging to another, however expressed, were references to the home. | ||
(4) Where property is subject to a trust, the persons to whom the property belongs shall be treated for the purposes of this Act as including any person having a right to enforce the trust. | ||
(5) Property of a corporation sole shall be treated for the purposes of this Act as belonging to the corporation notwithstanding a vacancy in it. | ||
(6) In this Act— | ||
(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act, | ||
(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended, | ||
(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended. |