shall be guilty of an offence and liable to a fine not exceeding level twelve or imprisonment for a
period not exceeding ten years or both such fine or such imprisonment.
(2) A person shall not be liable under this section if the action is—
(a) pursuant to measures that can be taken in terms of section 39; or
(b) authorised under the law.
(3) Where an offence under this section is committed in relation to data that forms part of a
database or that involves national security or the provision of an essential service, the penalty shall
be imprisonment for a period not exceeding ten years.
(4) For the purposes of this section, it is immaterial whether the intended effect of the illegal
interference is permanent or merely temporary.
12 Unlawful use of data or devices
(1) Any person who unlawfully and intentionally acquires, possesses, produces, sells, procures
for use, imports, distributes, supplies, uses or makes available an access code, password, a computer
programme designed or adapted for the purpose of committing an offence or similar data or device
by which the whole or any part of a computer or information system is capable of being accessed,
for purposes of the commission or attempted commission of an offence in terms of this Act, shall
be guilty of an offence and liable to a fine not exceeding level twelve or imprisonment for a period
not exceeding ten years or both such fine or such imprisonment.
(2) Any person who unlawfully and intentionally assembles, obtains, sells, purchases,
possesses, makes available, advertises or uses malicious software, programmes or devices for
purposes of causing damage to data, computer or information systems and networks, electronic
communications networks, critical information infrastructure or computer devices 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 both such fine and such imprisonment.
(3) Any person who contravenes this section in any of the aggravating circumstances described
in section 13 shall be liable to a fine not exceeding level twelve or imprisonment for a period not
exceeding ten years or to both such fine and such imprisonment.
13 Aggravating circumstances
In this Part, an offence is committed in aggravating circumstances if—
(a) committed in connection with or in furtherance of the commission or attempted
commission of a crime against the State specified in Part III of the Criminal Law Code;
(b) it is intended for or results in damaging, destroying or prejudicing the safe operation of an
aircraft;
(c) it is intended to conceal or disguise the proceeds of unlawful dealing in dangerous drugs
or the enjoyment thereof;
(d) it results in defeating or obstructing the course of justice;
(e) it seriously prejudices the enforcement of the law by any law enforcement agencies;
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