LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2017 Electronic Crimes Act CAP. 4.41 9 (2) The provisions of subsection (1) shall be applicable whether the person’s act is of temporary or permanent effect. (3) A person who knowingly, without lawful excuse or justification or in excess of a lawful excuse or justification, hinders or interferes with a computer system— (a) which is exclusively for the use of critical infrastructure operations; or (b) which is not exclusively for the use of critical infrastructure operations, but which is used in critical infrastructure operations, and the conduct of the person affects the use or impacts the operations of critical infrastructure commits an offence and shall be liable, on conviction on indictment, to a fine of one hundred thousand dollars or to imprisonment for a term of ten years or both. (Inserted by Act 26 of 2012) Illegal interception. 7. A person who, knowingly and without lawful excuse or justification, intercepts by technical means— (a) any non-public transmission to, from or within a computer system; or (b) electromagnetic emissions that are carrying computer data from 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 to both such fine and imprisonment. Possession, sale, etc. of illegal devices. 8. A person who— (a) knowingly, without lawful excuse or justification or in excess of a lawful excuse or justification, produces, sells, procures for use, imports, exports, distributes or otherwise makes available— (i) a device, including a computer program, that is designed or adapted for the purpose of committing an offence defined by the other provisions of Part II of this Act; or (ii) a computer password, access code or similar data by which the whole or any part of a computer system is capable of being accessed, with the intent that it be used by any person for the purpose of committing an offence defined by the other provisions of Part II of this Act; or (b) has an item mentioned in subparagraph (i) or (ii) in his or her possession with the intent that it be used by any person for the purpose of committing an offence defined by the other provisions of Part II of this Act, commits an offence and shall be liable, on conviction on indictment, to a fine of fifty thousand dollars or to imprisonment for a term of five years or both. (Substituted by Act 26 of 2012)