(3) A person who intentionally, without lawful excuse or justification or in
excess of a lawful excuse or justification hinders or interferes with a
computer system that is exclusively for the use of critical infrastructure
operations, or in the case in which such is not exclusively for the use of
critical infrastructure operations, but it is used in critical infrastructure
operations and such conduct affects that use or impacts the operations of
critical infrastructure the punishment shall be imprisonment for a period not
exceeding seven years, or a fine not exceeding M90, 000, or both.
Illegal Devices
10.
(1) A person commits an offence if the person:
(a) intentionally, without lawful excuse or justification or in excess of a
lawful excuse or justification, produces, sells, procures for use, imports,
exports, distributes or otherwise makes available:
(i)
a device, including a computer program, that is designed or adapted
for the purpose of committing an offence under this Part; or
(ii)
a computer password, access code or similar data by which the
whole or any part of a computer system is capable of being accessed;
(iii)
introduces or spreads a software code that damages a computer or
computer system
with the intent that it be used by any person for the purpose of committing
an offence defined by other provisions under this Part; or
(b) has an item mentioned in subparagraph (i) or (ii) in his or her possession
with the intent that it be used by any person for the purpose of committing
any offence under this Part ,
and is liable on conviction, by imprisonment for a period not exceeding
three years, or a fine not exceeding M25, 000, or both.
(2) This provision shall not be interpreted as imposing criminal liability
where the production, sale, procurement for use, import, distribution or
otherwise making available or possession referred to in paragraph 1 is not
for the purpose of committing an offence established in accordance with
other provisions of this Part, such as for the authorized testing or protection
of a computer system.
Computerrelated Forgery
11.
(1) A person who intentionally, without lawful excuse or justification or in
excess of a lawful excuse or justification inputs, alters, deletes, or
suppresses computer data, resulting in inauthentic data with the intent that it
be considered or acted upon for legal purposes as if it were authentic,
regardless whether or not the data is directly readable and intelligible
commits an offence punishable, on conviction, by imprisonment for a
period not exceeding five years, or a fine not exceeding M50, 000, or both.
(2) If the abovementioned offence is committed by sending out multiple
electronic mail messages from or through computer systems, the penalty
shall be imprisonment for a period not exceeding [period], or a fine not
exceeding[amount] or both.