A.434
Unauthorised
interference
with a computer
or computer
system
Unlawful
interception
of data
Unlawful
possession of
devices or data
8. (1) A person who intentionally, without lawful excuse or
justification —
(a) hinders or interferes with the functioning of a computer or computer
system; or
(b) hinders or interferes with a person who is lawfully using or
operating a computer or computer system,
commits an offence and is liable to a fine not exceeding P10 000 or to
imprisonment for a term not exceeding six months, or to both.
(2) A person who intentionally, without lawful excuse or justification,
commits an act which causes, directly or indirectly —
(a) a denial, including a partial denial, of access to a computer or
computer system; or
(b) an impairment of any programme or data stored in a computer or
computer system,
commits an offence and is liable to a minimum fine of P40 000 or to
imprisonment for a minimum term of two years, or to both.
9. A person who intentionally, without lawful excuse or justification,
and by technical means, intercepts —
(a) any non-public transmission to, from or within a computer or
computer system; or
(b) any electromagnetic emissions that are carrying data from a
computer or computer system,
commits an offence and is liable to a fine not exceeding P40 000 or to
imprisonment for a term not exceeding two years, or to both.
10. (1)
A person who intentionally, without lawful excuse or
justification, manufactures, sells, procures for use, imports, exports,
distributes or otherwise makes available, a computer or computer
system or any other device, designed or adapted for the purpose of
committing an offence under this Act, commits an offence and is liable
to a fine of P40 000 or to imprisonment for a term of two years, or to
both.
(2) A person who intentionally, without lawful excuse or justification,
receives, or is in possession of, one or more of the devices under
subsection (1), commits an offence and is liable to a fine of P40 000 or
to imprisonment for a term of two years, or to both.
(3) A person who is found in possession of any data or programme
with the intention that the data or programme be used, by the person
himself or herself or by another person, to commit or facilitate the
commission of an offence under this Act, commits an offence and is
liable to a fine of P40 000 or to imprisonment for a term of two years,
or to both.
(4) For the purposes of subsection (3), “possession of any data or
programme” includes having —
(a) possession of a computer or computer system or data storage
device that holds or contains the data or programme;
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents