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