Cybercrime Code
Penalty:
(a)
(6)
In the case ofa 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 K1,000,000.00.
(2)
A person who, intentionally and without lawful excuse or justification, or in excess
of a lawful
excuse or justification, uses an electronic system or device to access child pomography,
whether or not for
the purpose of downloading or transmitting it either to himself or another person,
or, for the purpose of
giving effect to or facilitating the commission of any of the offences in Subsecti
on (1), 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 25 years, or both; and
In the case ofa body corporate, a fine not exceeding K1,000,000.00.
(3)
It is a defence to a charge for an offence under this section if the child pornogr
aphy was for a
bona fide law enforcement purpose or for the benefit of the public.
(4)
Whether the doing of an act referred to in this section is for the benefit of the
public, is a
question of fact.
(5)
For the purposes of this section, if child pornography is stored for a bona fide
law enforcement
purpose, all traces, copies, or storage of such pornographic material shall be removed
, deleted or otherwise
destroyed once it is no longer lawfully required.
19.
CHILD ONLINE GROOMING.
(1)
A person who, intentionally and without lawful excuse or justification, or in excess
of a lawful
excuse or justification, uses an electronic system or device to befriend,
invite, induce, persuade, or in any
way procure, or offer to engage a child in (a)
sexual intercourse or sexual contact; or
(6)
asexual or obscene performance;
(c)
any other sexual conduct,
is guilty of a crime.
Penalty:
(a)
(6)
or
In the case of a natural person, a fine not exceeding K 100,000.00 or
imprisonment for a term not exceeding 25 years, or both; and
In the case of a body corporate, a fine not exceeding 500,000.00.
(2)
Where the offence under Subsection (1) is committed in respect of a child under the
age of 16
years, the offender is guilty of a crime.
Penalty:
(a)
(5)
In the case of a natural person, subject to Section 19 of the Criminal Code Act
(Chapter 262), imprisonment for life;
and
In the case of a body corporate, a fine not exceeding K1,000,000.00.
(3)
A person who knowingly receives any financial or other reward, favour, benefit,
compensation,
or any other gain from the commission of an offence under this section, is guilty
of a crime.
Penalty:
(a)
(5)
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 of a body corporate, a fine not exceeding K1,000,000.00.
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