Cybercrime Code 16. ILLEGAL (1) DEVICES. A person who, intentionally and without lawful excuse or justification, or in excess of a lawful excuse or justification, designs, produces, sells, procures for use, imports, exports, distributes or otherwise makes available (a) an electronic system or device, or thing that is designed or adapted; or (6) a password, access code or similar data by which the whole or any part of an electronic system or device, or thing is capable of being accessed, for the purpose of committing an offence defined by other provisions of Part III of this Act, is guilty of a crime. Penalty: (a) (b) (2) In the case ofa 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 K100,000.00. It is a defence to a charge under this section where the design, production, sale, procurement for use, import, distribution or otherwise making available, or possession of devices referred to in Subsection (1), is for authorised testing or protection of an electronic system or device, or for law enforcement purposes. (3) Whether an illegal device referred to in Subsection (1) is for authorised testing, protection of an electronic system or device, or law enforcement purposes, is a question of fact. Division 3. - Content Related Offences. 17. PORNOGRAPHY. (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 (a) produce pornography for the purpose of its distribution; or (b) offer or make available pornography for public viewing; or (c) distribute or transmit pornography to another person or the public; or (d) procure or obtain access to pornography whether or not by downloading it or transmitting it either to himself or another person for the purpose of giving effect to or facilitating the commission of any of the offences in Paragraphs (b) or (c) above, is guilty ofa crime. Penalty: (a) (6) In the case ofa natural person, a fine not exceeding K25,000.00 or imprisonment for a term not exceeding 15 years, or both; and In the case of a body corporate, a fine not exceeding K100,000.00. (2) It is a defence to a charge for an offence under Subsection (1)(d), (c) and (d) if the pornography (3) Whether the doing of an act referred to in Subsection (1) is for the benefit of the public, is a was for a bona fide law enforcement purpose or for the benefit of the public. question of fact. 18. CHILD PORNOGRAPHY. (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 commit any of the offences prescribed under Sections 229R, 2298S and 229T of the Criminal Code Act (Chapter 262), is guilty ofa crime. «10