LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2017 Electronic Crimes Act CAP. 4.41 11 have known that the computer, program or data is used directly in connection with or necessary for— (a) the security, defence or international relations of St. Christopher and Nevis; (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 and financial services, public utilities, public transportation or public key infrastructure; (d) the protection of public safety and public health, including systems related to essential emergency services such as police, civil defence and medical services; (e) any other service so designated by the Minister by Order to be restricted. (3) For the purposes 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. Child pornography. * 12. (1) A person who knowingly— (a) publishes child pornography through a computer system; (b) produces child pornography for the purpose of its publication through a computer system; or (c) possesses child pornography in a computer system or on a computer data storage medium for the purpose of publication, commits an offence and is liable, on conviction on indictment— (i) in the case of an individual, to a fine of fifty thousand dollars or to imprisonment for a term of five years or to both such fine and imprisonment; (ii) in the case of a corporation, to a fine of two hundred and fifty thousand dollars. (2) The provisions of subsection (1) paragraph (a) or (c) shall not be applicable to a person who establishes that the child pornography was for a bona fide scientific, research, medical or law enforcement purpose. (3) In this section— “child pornography” includes material that visually depicts— (a) a minor engaged in sexually explicit conduct; or (b) a person who appears to be a minor engaged in sexually explicit conduct; or Formerly section 13. Original section 12 was repealed by Act 26 of 2012 and sections 13 and 14 were renumbered. *