Cyber Conduct
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Cybercrimes Act, 2020 · Section 17

Attempting, Conspiring, Aiding, Abetting or Procuring an Offence

Section 17 extends criminal liability to specified conduct aimed at committing offences under Parts I and II of Chapter 2.

What the section does

Section 17 covers unlawfully and intentionally attempting, conspiring with another person, or aiding, abetting, inducing, inciting, instigating, instructing, commanding or procuring another person to commit an offence under Part I or Part II of Chapter 2.

Key points

  • The provision covers attempts as well as completed offences.
  • It also covers agreements or cooperation to commit an offence.
  • Helping or directing another person can fall within the provision.
  • A person convicted under section 17 is liable to the punishment applicable to the underlying offence.

What this means in practice

A person does not necessarily avoid liability merely because someone else ultimately carried out the cybercrime.

Important

This page is an educational explanation of the Cybercrimes Act. It is not legal advice and does not replace the Act, regulations, court decisions or advice from a qualified legal professional.

Official source

Read the official Cybercrimes Act from the South African Department of Justice and Constitutional Development.

Cybercrimes Act, 2020 — official PDF