Cybercrime Code 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 ofa body corporate, a fine not exceeding K1,000,000.00. (3) It is immaterial whether the person accused or threatened to be accused has committed the offence or act of which he is being accused or threatened to be accused. 25. UNLAWFUL DISCLOSURE. (1) A person who, intentionally and without lawful excuse or justification, or in excess of a lawful excuse or justification, or recklessly, uses an electronic system or device to disclose any confidential or classified communication (whether content, data or electronic output) or sensitive data, is guilty of a crime. Penalty: (a) (6) In the case ofa natural person, a fine not exceeding K20,000.00 or imprisonment for a term not exceeding 15 years, or both; and In the case ofa body corporate, a fine not exceeding K100,000.00. (2) Where the offence is committed by a person with lawful authority, custody, access or control, in respect of such confidential or classified communication or sensitive data, the offender is guilty of a crime. Penalty: (a) (b) 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 exceedin g K500,000.00. (3) It is a defence to a charge for an offence under this section to prove that it was for the benefit of the public that confidential or classified communication or sensitive data was disclosed. (4) of fact. Whether the unlawful disclosure under this section is for the benefit of the public, is a question 26. SPAM. A person who, intentionally and without lawful excuse or justification, or in excess of a lawful excuse or justification, or recklessly, uses an electronic system or device (a) (b) to initiate the transmission of multiple electronic messages with the intent to deceive or mislead users; or which is password protected to relay or retransmit multiple electronic messages, with the intent to deceive or mislead users, or any ICT Service Provider, as to the origin of such messages; or (c) to materially falsify header information in multiple electronic messages with the intent of initiating the transmission of such messages, is guilty of an offence. Penalty: (a) In the case of a natural person, a fine not exceeding K5,000.00 or imprisonment (b) In the case of a body corporate, a fine not exceeding K 100,000.00. for a term not exceeding 12 months, or both; and Division 4. - Other Offences. 27. CYBER ATTACK. (1) A person who, intentionally and without lawful excuse or justification, or in excess of a lawful excuse or justification, inputs or deploys malicious software into an electronic system or device, data, infrastructure, or program resident or transiting within an electronic system or device, for the purpose of -17-