Cybercrime Code
(2)
A person who, intentionally and 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)
14.
In the case of a natural person, a fine not exceeding K 15,000.00 or
imprisonment for a term not exceeding 15 years, or both; and
In the case of a body corporate, a fine not exceeding K500,000.00.
ELECTRONIC GAMBLING OR LOTTERY BY A CHILD.
(1)
A child who, intentionally and without lawful excuse or justification, or in excess of a lawful
excuse or justification, uses an electronic system or device to participate in a lottery or any gaming activity,
whether or not, by means of the internet, is guilty of a misdemeanour.
Penalty:
(a)
(6)
(c)
Subject to the Juvenile Justice Act 2014, imprisonment for a term not
exceeding seven years; or
Prohibition from accessing and using ICTs or electronic system or devices for
the term of imprisonment imposed plus an additional two years; or
Both Paragraphs (a) and (4).
(2)
A gaming operator, who knowingly or recklessly, and without lawful excuse or justification, or
in excess of a lawful excuse or justification, makes available to a child, lottery or other gaming activity
through an electronic system or device, is guilty of a crime.
Penalty:
(3)
15.
(a)
In the case of natural person, a fine not exceeding K100,000.00 or imprisonment
(6)
In the case of a body corporate, fine not exceeding K1,000,000.00.
for a term not exceeding 25 years, or both;
and
For the purposes of this section “gaming or gaming activity” means all forms of gaming regulated under the Gaming Control
Act 2007;
“gaming operator” means the operator of an approved game under the Gaming Control Act
2007;
“lottery” means a scheme for distributing prizes by lot or chance.
IDENTITY
THEFT.
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 (a)
to access; or
(b)
to manipulate; or
(c)
to possess; or
(d)
touse; or
(e) _ to transfer,
a means of identification of another person without the authorisation of that other person, is guilty ofa
crime,
Penalty:
(a)
(5)
In the case of a natural person, a fine not exceeding K 15,000.00 or
imprisonment for a term not exceeding 10 years, or both; and
In the case of a body corporate, a fine not exceeding K 100,000.00.
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