Computer Misuse and Crimes [No.l3of2004 85 (i) in the case of a first offence to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding five years; and (ii) in the case of a subsequent offence to a fine not exceeding three hundred thousand penalty units or to imprisonment for a term not exceeding seven years or to both. 10. (1) Where access to any protected computer is obtained in the course of the commission of an offence under sectionfour,five,six or eight, the person convicted of such an offence shall, in lieu of the penalty prescribed in those sections, be liable on conviction to imprisonment for a term ofnot less than fifteen years but not exceeding twenty-five years, or to both. Enhanced punishment for offences involving protected computers (2) For the purpose of subsection (1), a computer shall be treated as a " protected computer " if the person committing the offence knew, or ought reasonably to have known that the computer, program or data is used directly in connection with or is necessary for— (a) the security, defence or international relations of the State; (b) the existence or identity of a confidential source of information relating to the enforcement of a criminal law; (c) the provision of services directly related to communications infrastructure, banking andfinancialservices, public utilities, public transportation or key public infrastructure; (d) the storing of classified Government information, or (e) the protection of public safety and public health, including systems related to essential emergency services such as police, civil defence and medical services. (3) For the purpose of any prosecution under this section, it shall be presumed, until the contrary is proved, that the accused has the requisite knowledge referred to in subsection (2) if there is, in respect of the computer or program or data, an electronic or other warning exhibited to the accused stating that unauthorised access to that computer or program or data attracts an enhanced penalty under this section. 11. (1) A person who receives or is given access to any program or data held in a computer and who is not authorised to receive or have access to that program or data whether or not the person knows that the person giving him the program or data has obtained that program or data through authorised or unauthorised means, commits an offence and is liable on conviction to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding two years, or to both. Unauthorised receiving or giving access to computer program or data