A.435 (b) possession of a document in which the data or programme is recorded; and (c) control of the data or programme that is in the possession of another person. 11. A person who intentionally, without lawful excuse or justification, discloses, sells, procures for use, distributes or otherwise makes available, any password, access code or other means of gaining access to the whole or part of a computer or computer system — (a) for wrongful gain; (b) for any unlawful purpose; (c) to overcome security measures for the protection of data; or (d) with the knowledge that it is likely to cause prejudice to any person, 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. 12. (1)  In this section, “computer contaminant” includes any programme which — (a) modifies, destroys, records or transmits any data or programme residing within a computer or computer system; (b) usurps the normal operation of a computer or computer system; or (c) destroys, damages, degrades or adversely affects the performance of a computer or computer system or attaches itself to another computer resource and operates when a programme, data or instruction is executed or some other event takes place in that computer or computer system. (2) A person who intentionally introduces, or causes to be introduced, a computer contaminant into any computer or computer system which causes, or is capable of causing, any of the effects referred to under subsection (1) to such computer or computer system, commits an offence and is liable to a fine not exceeding P100 000 or to imprisonment for a term not exceeding five years, or to both. 13. (1)   In this section, “critical national infrastructure” means computer systems, devices, networks, programmes or data, including those of national emergency organisations, so vital to Botswana that the incapacity or destruction of, or the interference with, such systems and assets would have a debilitating impact on national security, national economic security, public health and safety or a combination of any of these. (2) Where a person obtains access to critical national infrastructure in the course of the commission of an offence under this Act, the person commits an offence and is liable to a fine not exceeding P100 000 or to imprisonment for a term not exceeding five years, or to both. (3) For the purposes of any prosecution under this section, it shall be presumed, until the contrary is proved, that the person referred to under subsection (2) knew that the computer formed part of critical national infrastructure. Unauthorised disclosure of password or access code Damage to a computer or computer system Critical national infrastructure