(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 shall on conviction be liable to a fine not
exceeding P10,000 or to imprisonment for a term not exceeding six months, or to
both.
[Ch0806s12]12. Damage to a computer or computer system
(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, damage to such computer or computer system, commits an offence and
shall on conviction be sentenced to a minimum fine of P40,000 but not exceeding
P100,000, or to imprisonment for a minimum term of two years but not exceeding
three years, or to both.
[Ch0806s13]13. Protected computers
(1)
In this section, a "protected computer" means a computer or computer
system or programme or data used directly in connection with, or necessary for(a) the security, defence or international
relations of Botswana;
(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; or
(d) the protection of the public, including
systems related to national emergency organisations.
(2)
Where access to a protected computer is obtained in the course of the
commission of an offence under this Act, the person convicted of any such
offence shall be sentenced to a minimum fine of P40,000 but not exceeding
P100,000, or to imprisonment for a minimum term of two years but not exceeding
three 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 in subsection (2)
knew that the computer was a protected computer if there was, in respect of the