23

-

system;
where adult persons make sexual proposals to minors below 15 years old or to a
person having the features of a minor;
dissemination or transmission of child pornography using an information system.

(2) Child pornography shall be any act which visually presents:
-

a minor involved in sexually explicit behavior;
any person with the physical features of a minor involved in sexually explicit acts;
real images of a minor involved in sexually explicit acts.

Section 82. The penalties provided for in Section 79 above shall be doubled for whoever uses
electronic communication devices to commit or attempt to commit any act of indecency on a
minor less than 15 (fifteen) years old.
Section 83. (1) Whoever uses electronic communication devices to make sexual proposal to a
person of the same sex shall be punished with imprisonment for from 01 (one) to 02 (two)
years or a fine of from 500,000 (five hundred thousand) to 1,000,000 (one million) CFA
francs or both of such fine and imprisonment.
(2) The penalties provided for in subsection (1) above shall be doubled if sexual proposals are
followed by sexual intercourse.
Section 84 (1) Whoever fraudulently becomes acquainted with, delays access to or deletes
electronic messages addressed to another shall be punished with imprisonment for from 06
(six) months to 02 (two) years of a fine from 500,000 (five hundred thousand) to 1,000,000
(one million) CFA francs or both of such fine and imprisonment.
(2) The same penalties provided for in subsection 1 above shall apply against whoever,
without authorization, intercepts, diverts, uses or divulges electronic messages sent or
received by electronic means or proceeds to install equipment designed for such interceptions.
Section 85. The penalties provided for in section 84 above shall apply against whoever, being
responsible for a public service mission and acting in the discharge or during the discharge of
his/her duties, diverts or facilitates the diversion, deletion or access to electronic messages or
reveals the content thereof.
Section 86. (1) The penalties provided for in section 71 above shall apply against whoever
imports, keeps, offers, transfers, sells or provides, in any form whatsoever, a computer
program, a password, an access code or any similar computer data designed and/or specially
adapted to facilitate access to all or part of an electronic communication or an information
system.
(2) Whoever causes serious disturbance or disruption on an electronic communication, or
whoever uses electronic communication network or an information system with the intention
of breaching the integrity of the data, shall be punishable with the penalties provided for in
Subsection 1 above.
Section 87. Authors of the offences provided for in Section 86 above shall be punishable with
the following additional penalties:

Select target paragraph3