Cybercrime Code (2) Where the offence under Subsection (1) is committed against State secrets or Military secrets, or sensitive data, the offender is guilty of a crime. Penalty: (a) (b) 11. ILLEGALLY 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 ofa body corporate, a fine not exceeding K1,000,000.00. REMAINING. A person who, intentionally and without lawful excuse or justification, or in excess of a lawful excuse or justification or recklessly, remains logged into or continues to use an electronic system or device, or part of an electronic system or device, without authorisation or after his authorised use of the electronic system or device has expired, is guilty of a misdemeanour. Penalty: (a) (b) In the case ofa natural person, a fine not exceeding K10,000.00 or imprisonment for a term not exceeding seven years, or both; and In the case ofa body corporate, a fine not exceeding K50,000.00. Division 2. - Computer Related Offences. 12, ELECTRONIC FRAUD. (1) A person who, intentionally and without lawful excuse or justification, or in excess of a lawful excuse or justification (a) inputs, alters, deletes, or suppresses electronic data; or (6) otherwise interferes with the functioning of an electronic system or device, for the purpose of deceiving or depriving another person of their property for his own gain or that of another person, is guilty ofa crime. Penalty: (a) (5) 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, without lawful excuse or justification, or in excess of a lawful excuse or Justification, conspires with another person to commit, or attempts to commit an offence under this section, is guilty ofa crime. Penalty: (a) (b) 13. In the case of a natural person, a fine not exceeding K25,000.00 or imprisonment for a term not exceeding 15 years, or both; and In the case ofa body corporate, a fine not exceeding K500,000.00. ELECTRONIC FORGERY. (1) A person who, intentionally and without lawful excuse or justification, or in excess of a lawful excuse or justification (a) inputs, alters, deletes, or suppresses electronic data; or (6) otherwise interferes with the functioning of an electronic system or device, for the purpose of creating or generating inauthentic data that it may be considered or acted upon for lawful purposes as if it were authentic, regardless of whether the data is directly readable or intelli gible, is guilty of a crime. Penalty: (a) (b) 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. -8-

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