Enacted parts

ARTICLE 132-79
(Inserted by act no. 2004-575 of 21 June 2004 article 37 Official Journal of 22 June 2004)
Where a means of encryption, in the sense of article 29 of act no. 2004-575 of 21 June 2004 used to ensure
confidentiality in the digital economy has been used to prepare or commit a felony or a misdemeanour, or to facilitate the
preparation of commission of a felony or a misdemeanour, the maximum prison sentence incurred is raised as follows:
1° where the offence is punished by thirty years' imprisonment, this is increased to life imprisonment;
2° where the offence is punished by twenty years' imprisonment, this is increased to thirty;
3° where the offence is punished by fifteen years' imprisonment, this is increased to twenty;
4°where the offence is punished by ten years' imprisonment, this is increased to fifteen;
5° where the offence is punished by seven years' imprisonment, this is increased to ten;
6° where the offence is punished by five years' imprisonment, this is increased to seven;
7° where the offence is punished by a maximum of three years' imprisonment, this is doubled.
The provisions of the present article are, however, not applicable to the perpetrator of or the accomplice to an
offence who, at the request of the judicial or administrative authorities, has provided them with an unencrypted version
of the coded messages and the secret keys necessary to decipher them.
ARTICLE 132-76
(Inserted by Act no. 2003-88 of 3 February 2003 Art. 1 Official Journal of 4 February 2003)
(Act no. 2004-204 of 9 March 2004 article 12 I, article 38 Official Journal of 10 March 2004)
Where provided for by law, the penalties incurred for a felony or a misdemeanour are increased when the offence is
committed because of the victim's actual or supposed membership or non-membership of a given ethnic group, nation,
race or religion.
The aggravating circumstances defined in the first paragraph are established when the offence is preceded,
accompanied or followed by written or spoken words, images, objects or actions of whatever nature which damage the
honour or the reputation of the victim, or a group of persons to which the victim belongs, on account of their actual or
supposed membership or non-membership of a given ethnic group, nation, race or religion.