JapanPenal Code, creation, provision and use of unauthorized command electronic records (computer viruses)
Penal Code, Act No. 45 of 1907, Art. 168-2
In force since .
A computer misuse rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- Do not, without a legitimate reason, create or provide to another person an electronic record that gives an improper command making a computer, when a person uses it, fail to act as that person intends or act contrary to that intent, or a record describing such a command, where the purpose is to have it run on another person's computer.
- Do not, without a legitimate reason, put a record that itself gives such an improper command into a state in which it is executed on another person's computer; an attempt is also an offence.
- Do not, without a legitimate reason, acquire or store such a record for the purpose of having it run on another person's computer.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Creating or providing such a record (Art. 168-2(1)), or putting one into execution on another person's computer (Art. 168-2(2)), is punished by imprisonment for not more than three years or a fine of not more than 500,000 yen; an attempt at the second offence is also punished (Art. 168-2(3)). Acquiring or storing one for that purpose is punished under Art. 168-3 by imprisonment for not more than two years or a fine of not more than 300,000 yen.
Penalty structure
The fine cap is the Art. 168-2(1) figure, which Art. 168-2(2) repeats by applying the same penalty; imprisonment for up to three years may be imposed instead. Acquiring or storing such a record under Art. 168-3 carries a lower cap of 300,000 yen.
- Rule
- Fixed only
- As of
- Currency
- JPY
- Fixed cap
- 500,000
What this law does
Article 168-2(1) of the Penal Code punishes a person who, without a legitimate reason and for the purpose of having it run on another person's computer, creates or provides an electronic record that gives an improper command causing a computer, when a person uses it, not to act as that person intends or to act contrary to that intent, or a record describing such a command. That offence is punished by imprisonment for not more than three years or a fine of not more than 500,000 yen.
Article 168-2(2) applies the same penalty to a person who, without a legitimate reason, puts a record of the first kind, one that itself gives the improper command, into execution on another person's computer. Article 168-2(3) punishes an attempt at that second offence. Article 168-3 separately punishes acquiring or storing such a record for the same purpose, by imprisonment for not more than two years or a fine of not more than 300,000 yen.
The offence was added to the Penal Code by Act No. 74 of 2011, promulgated on . It took effect on .
When LexLint raises it
When your app profile says your app crawls the web, distributes a software product or ships a mobile app.