22
(4)
For purposes of this section "data document" means a data
message containing the depiction of a document which portrays information.
Computer related appropriation
13.
(1)
Any person who unlawfully and intentionally appropriates, in any
manner—
(a)
ownership in property, which ownership is vested in another person with the
intention to—
(i)
permanently; or
(ii)
temporarily,
deprive the other person of the ownership in the property to the actual or
potential prejudice of the owner of the property; or
(b)
any other right in property, which right is vested in another person, with the
intention to—
(i)
permanently; or
(ii)
temporarily,
deprive the other person of the right in the property to the actual or potential
prejudice of the person in whom the right is vested,
is guilty of the offence of computer related appropriation.
(2)
(a)
A court which convicts a person of an offence in terms of
subsection (1), may impose any sentence, as provided for in section 276 of the Criminal
Procedure Act, 1977 (Act No. 51 of 1977), which that court considers appropriate and
which is within that court‟s penal jurisdiction.
(b)
A court which imposes any sentence in terms of this section
must, without excluding other relevant factors, consider as aggravating factors—
(i)
the fact that the offence was committed by electronic means;
(ii)
the extent of the prejudice and loss suffered by the complainant as a result of the
commission of such an offence; and