Cybercrime Code 5. AGE OF CRIMINAL CULPABILITY. (1) A child under the age of 10 years at the time of the act or omission that constitutes an offence under this Act is not criminally responsible for such act or omission. (2) Acchild between the ages of 10 and 14 years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission. (3) Where any of the offences in this Act are committed by a child between the ages of 10 and 18 years, the provisions of the Juvenile Justice Act 2014 shall apply. PART III. - OFFENCES AND PENALTIES. Division 1. - Offences Related to the Integrity of Data and Electronic S system or Devices. 6. UNAUTHORISED ACCESS OR HACKING. (1) A person who, intentionally and without lawful excuse or justification, or in excess of a lawful excuse or justification, accesses or gains entry without authorisation, to the whole or any part of a protected or non-public electronic system or device, or data, is guilty of a misdemeanour. Penalty: Imprisonment for a term not exceeding five years or a fine not exceeding K7,000.00, or both. (2) Where the offence in Subsection (1) results in damage or loss to the whole or any part of an electronic system or device, or data, the offender is guilty of a crime. Penalty: Imprisonment for a term not exceeding 15 years or a fine not exceeding K25,000.00, or both. 7. ILLEGAL INTERCEPTION. (1) A person who, intentionally and without lawful excuse or justification, or in excess of a lawful excuse or justification, intercepts by technical or other means (a) any non-public transmission to, from or within an electronic system or device; or (b) electromagnetic emissions from an electronic system or device, not intended for him, is guilty ofa crime. Penalty: (a) (b) A fine not exceeding K50,000.00 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. (2) Where the offence under Subsection (1) is committed against State or Military transmissions, or transmissions of other sensitive data, the offender 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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