Cybercrime Code
(4)
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
whether or not it is connected to
the internet (with or without the aid of electronic writings, images,
audio, visual or audiovisual recordings)
to (a)
authorise, facilitate or enable; or
(b)
(c)
write, post or effect; or
entertain, encourage or participate in,
the posting of commentary, whether or not it is directed at anyone
in particular, using or connoting profanity
or obscenity, or language or imagery that is vul gar, or otherwise unaccep
table or which grossly offends
against accepted standards of public decency, to any person reading such
post or commentary, is guilty of a
crime.
Penalty:
(a)
In the case of a child offender, subject to the Juvenile Justice Act 2014
(i) detention for a term not exceeding three years; or
(ii) a fine not exceeding K5,000.00; or
(iii) prohibition from accessing and using ICTs or electronic systems
or
devices for the term of detention imposed plus an additional two years;
or
(b)
In the case of an adult offender (i) imprisonment for a term not exceeding 10 years;
(iv)
all of Subparagraphs (i), (ii) and (iii);
(ii)
a fine not exceeding K1 5,000.00;
(iii)
(c)
(iv)
or
or
or
prohibition from accessing and using ICTs or electronic systems or
devices for the term of imprisonment imposed plus an additional two
years; or
all of Subparagraphs (i), (ii) and (iii); or
In the case of a body corporate, a fine not exceeding K 50,000.
00.
24.
CYBER EXTORTION.
(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)
upload or threaten to upload; or
(b)
deploy or threaten to deploy; or
(c)
input or threaten to input,
into an electronic system or device, software desi gned to restrict, disrupt
or in any way hinder the operation
of or access to an electronic system or device, for the purpose of procuri
ng monetary or other benefit for
himself or another person, is guilty of a crime.
Penalty:
(a)
(6)
In the case of a natural person, a fine not exceeding K 50,000.00 or
imprisonment for a term not exceeding 25 years, or both; and
In the case of a body corporate, a fine not exceeding K500,000.00.
(2)
A person who, intentionally and without lawful excuse or justification,
or in excess of a lawful
excuse or justification, uploads, deploys, inputs or threatens to upload,
deploy or input, into an electronic
system or device, electronic writings, images, audio, visual or audiovi
sual recordings, for the purpose of (a)
accusing or threatening to accuse or cause the accusation of, another
person of committing
an indictable offence or any other offence under this Act, the
Criminal Code Act (Chapter
262) or any other law; or
otherwise exposing sensitive data or compromising of confidential
information with intent
to procure monetary or other gain for himself or another person,
is guilty ofa crime.
= 16s
(6)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents