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;

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