A.432 Jurisdiction “unauthorised access” includes where a person — (a) is not himself or herself entitled to access of the kind in question; (b) does not have consent, from any person who is so entitled, to access of the kind in question; or (c) exceeds the access he or she is authorised; and “underlying service” means the type of service that is being used within a computer or computer system. 3. The courts of Botswana shall have jurisdiction where an act or an omission constituting an offence under this Act has been committed — (a) in the territory of Botswana; (b) by a national of Botswana outside the territory of Botswana, if the person’s conduct would also constitute an offence under the law of the country where the offence was committed and if the person has not been prosecuted for the offence in that country; (c) on a ship or aircraft registered in Botswana; (d) in part in Botswana; or (e) outside the territory of Botswana and where any result of the offence has an effect in Botswana. Unauthorised access to a computer or computer system Unauthorised access to a computer service PART II — Offences 4. (1)   Subject to subsection (2), any person who — (a) intentionally accesses or attempts to access the whole or any part of a computer or computer system knowing that the access he or she intends to secure is unauthorised; or (b) causes a computer or computer system to perform any function as a result of unauthorised access to such system, commits an offence and is liable to a fine not exceeding P20 000 or to imprisonment for a term not exceeding one year, or to both. (2) For the purposes of this section, it is immaterial that the unauthorised access is not directed at a — (a) particular programme or data; (b) programme or data of any kind; or (c) programme or data held in any particular computer or computer system. 5. (1) Subject to subsection (4), a person commits an offence where such person knowingly and by any means, without authorisation or exceeding the authorisation he or she is given — (a) secures access or intends to secure access to any computer or computer system for the purpose of obtaining, directly or indirectly, any computer service; or (b) intercepts , intends to access or causes to be intercepted, directly or indirectly, any function of, or any data within, a computer or computer system.