LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2017 Electronic Crimes Act CAP. 4.41 7 (a) any program or data held in the computer is altered or erased; (b) any program or data is added to any existing program or data held in the computer; or (c) any act occurs which impairs the normal operation of the computer, and any act which contributes towards such a modification shall be regarded as causing it. (5) Any modification referred to in subsection (4) is unauthorised if the person whose act causes the modification— (a) is not entitled to determine whether the modification should be made; and (b) has not obtained the consent of the person who is entitled to consent to the modification. Application of Act. 3. This Act applies to an act done or an omission made— (a) in Saint Christopher and Nevis; (b) on a ship or aircraft registered in Saint Christopher and Nevis; or (c) by a national of Saint Christopher and Nevis outside Saint Christopher and Nevis, if the person’s conduct would also constitute an offence under the laws of the country where the offence was committed. (Substituted by Act 26 of 2012) PART II OFFENCES Illegal access and illegal remaining. 4. (1) A person who, without lawful excuse or justification or in excess of a lawful excuse or justification, knowingly accesses the whole or any part of a computer system, commits an offence, and 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. (2) If any damage results from an offence committed under subsection (1), notwithstanding the penalties referred to in that subsection, a person who is convicted of that offence shall be liable to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding three years or both. (3) Where a person who is not authorised— (a) to have a program or computer data; or (b) to have access to any program or computer data, has in his or her custody or control any program or computer data or other information which is held in any computer or retrieved from any computer, with the intent to commit an offence, the person shall be deemed to have committed the