8 CAP. 4.41 Electronic Crimes Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2017 offence of illegally accessing the program or computer data unless the contrary is proved. (4) A person who commits an offence under subsection (3) shall be liable, on conviction on indictment, to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding five years or both. (5) A person who has a right of access to a computer system or part of a computer system by virtue of the nature of that person’s work commits an offence if that person accesses the computer system in accordance with the authorisation and remains logged in the computer system contrary to the authorisation with intent to commit an ulterior offence to the detriment of his or her employer. (6) A person who is convicted of an offence under the provisions of subsection (5) shall be liable, on summary conviction, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year, in the case of a first conviction and, in case of any subsequent conviction, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding two years or both. (Substituted by Act 26 of 2012) Interfering with data. 5. (1) A person who, knowingly and without lawful excuse or justification, does any of the following acts— (a) destroys or alters computer data; (b) renders computer data meaningless, useless or ineffective; (c) obstructs, interrupts or interferes with the lawful use of computer data; (d) obstructs, interrupts or interferes with any person in the lawful use of computer data; (e) denies access to computer data to any person entitled to it, commits an offence and is liable upon conviction on indictment to a fine of one hundred thousand dollars, or to imprisonment for a term of seven years or to both such fine and imprisonment. (Amended by Act 26 of 2012) (2) The provisions of subsection (1) are applicable whether the person’s act is of temporary or permanent effect. Interfering with computer system. 6. (1) A person who, knowingly and without lawful excuse or justification— (a) impairs the functioning of a computer system by— (i) preventing the supply of electricity to a computer system; (ii) causing electromagnetic interference to a computer system; (iii) corrupting the computer system by any means; (iv) adding, deleting or altering computer data; (b) interferes with, or interrupts or obstructs the lawful use of a computer system, commits an offence and is liable on conviction on indictment, to a fine of fifty thousand dollars or to imprisonment for a term of five years or both such fine and imprisonment.