Section 5: Nuclear terrorism

5. Nuclear terrorism (1) Any person who wilfully and unlawfully— (a) possesses radioactive material or makes or possesses a device— (i) with the intent to cause death or serious bodily injury; or (ii) with the intent to cause substantial damage to property or to the environment; (b) uses in any way radioactive material or a device, or uses or damages a nuclear facility in a manner which releases or risks the release of radioactive material— (i) with the intent to cause death or serious bodily injury; or (ii) with the intent to cause substantial damage to property or to the environment; or (iii) with the intent to compel a natural or legal person, an international organisation or a State to do or refrain from doing an act; (c) (i) threatens under circumstances which indicate the credibility of the threat, to commit an offence referred to in paragraph (b); or (ii) demands unlawfully and intentionally radioactive material, a device or a nuclear facility by threat, under circumstances which indicate the credibility of the threat, or by use of force, shall commit an offence and shall, on conviction, be liable to penal servitude for a term of not less than 5 years nor more than 35 years. [Issue 2] P28A – 2 (2) It shall not be a defence for a person charged with an offence under subsection (1) to aver that his act was justifiable by consideration of a political, philosophical, ideological, racial, ethnic, religious or other similar nature. (3) Any person who wilfully does a preparatory act— (a) in Mauritius for the commission outside Mauritius of an act constituting an offence under subsection (1); (b) outside Mauritius for the commission in Mauritius of an act constituting an offence under subsection (1), shall commit an offence and shall, on conviction, be liable to penal servitude for a term of not less than 5 years nor more than 35 years.