shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment
for a period not exceeding ten years or to both such fine and such imprisonment.
PART V
OFFENCES INVOLVING DISHONESTY
21 Cyber-fraud
Any person who unlawfully and with the intention to defraud makes a misrepresentation by
means of—
(a)
data or a computer programme or by the alteration or deletion of data or a computer
programme;
(b)
interference with the functioning of a computer system or a computer data storage medium;
and causes actual or potential prejudice to another person shall be guilty of an offence and liable to
a penalty in terms of section 136 of the Criminal Law Code.
22 Unlawful remaining
Any person who unlawfully and with intent to defraud—
(a) exceeds his or her lawful authority to access a computer or information system by
unlawfully remaining or attempting to remain logged in to a computer or information
system or part of a computer or information system; or
(b) continues to use a computer or information system beyond the authorised period or purpose;
shall be guilty of an offence and liable to a fine not exceeding level ten or imprisonment for a period
not exceeding five years or to both such fine and such imprisonment.
23 Cyber-forgery and transmission thereof
(1) Any person who unlawfully and with intent to defraud—
(a) falsifies data by altering data or deleting any of the data in order to deceive another into
believing that the data is authentic, whether or not the data is directly readable and
intelligible;
(b) by creating a false computer programme;
and the false data or false computer programme causes actual or potential prejudice to another,
shall be guilty of an offence and liable to a penalty in terms of section 137 of the Criminal Law
Code.
(2) Any person who unlawfully and with intent to defraud transmits data or a computer
programme knowing it to be forged or realising the real possibility that it is forged and causes actual
or potential prejudice to another is guilty of cyber-fraud and liable to a penalty in terms of section
137 of the Criminal Law Code.
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