Cybercrime Code
8.
DATA INTERFERENCE.
A person who, intentionally and without lawful excuse
or justification, or in excess of a lawful excuse
or justification or recklessly (a)
damages or deteriorates data; or
(b)
(c)
deletes data; or
alters data; or
(d)
renders data meaningless, useless or ineffective;
(e)
obstructs, interrupts or interferes with the lawful
(f)
obstructs, interrupts or interferes with any person
(g)
denies access to data to any person authorised to
is guilty ofa crime.
Penalty:
(a)
or
processing of data; or
in their lawful use of data;
access it,
or
In the case ofa natural person, a fine not exceeding
K20,000.00 or
imprisonment for a term not exceeding 10 years, or
both; and
In the case ofa body corporate, a fine not exceeding K100,
000.00.
(5)
9.
SYSTEM INTERFERENCE.
(1)
A person, who intentionally and without lawful excuse
or justification, or in excess of a lawful
excuse or justificatio
n, or recklessly -
(a)
(6)
hinders or interferes with the functioning of an electr
onic system or device; or
hinders or interferes with a person’s lawful use or operat
ion of an electronic system or
device,
is guilty of a misdemeanour.
Penalty:
(a)
(b)
(2)
In the case of a natural person, a fine not exceeding K10,0
00.00 or
imprisonment for a term not exceeding 10 years,
or both;
and
In the case of a body corporate, a fine not exceeding K100,
000.00.
Where the offence is committed agains
t an electronic system or device that is exclusivel
y for the
use or operation of critical infrastructure, or in the case
where such electronic system or device is not
exclusively for the use or operation of critical infrastructu
re, but is otherwise used in connection with the
operation of critical infrastructure, and such condu
ct (a)
affects the use of critical infrastructure;
or
(6)
impacts the operation of critical infrastructure,
the offender is guilty ofa crime.
Penalty:
(a)
(6)
10.
DATA
In the case of a natural person, a fine not exceeding
K100,000.00 or
imprisonment for a term not exceeding 25 years, or both;
and
In the case ofa body corporate, a fine not exceeding K1,00
0,000.00 and
K25,000.00 for each subsequent day the critical infrastructu
re remains
inoperable.
ESPIONAGE.
(1)
A person who, intentionally and without lawful excus
e or justification, or in excess of a lawful
excuse or justification, whether for his own use or for
the use of another person, accesses or obtains
protected data which is not meant for him, and which
is protected against unauthorised access, is guilty of
a
crime.
Penalty:
(a)
(6)
In the case of a natural person, a fine not exceeding K100,
000.00 or
imprisonment for a term not exceeding 30 years, or both;
and
In the case of a body corporate, a fine not exceeding
K500,000.00.
-7-
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