9.--{1) A person commits an offence if that person-
( a) uses a computer to send to another person any data (whether in the form of a message or otherwise) that is obscene,constitutes a threat, or is menacing in nature; and
(b) intends to cause, or is reckless as to whether the sending of the data causes, annoyance, inconvenience, distress, or anxiety, to that person or any other person.
(2) An offence is committed under subsection ( 1) regardless of whether the actual recipient of the data is or is not the person to whom the offender intended the data to be sent.
(3) A person who commits an offence under subsection ( 1) shall be liable upon-
( a) summary conviction before a Resident Magistrate, to-
(i) in the case of a first offence, a fine not exceeding four million dollars or imprisonment for a term not exceeding four years, or both such fine and imprisonment;
(ii) if any damage is caused as a result of the commission of the offence, a fine not exceeding
five million dollars or imprisonment for a term not exceeding five years, or both such fine and
imprisonment; or
(iii) in the case of a second or subsequent offence, regardless of whether or not any damage is
caused, a fine not exceeding five million dollars or imprisonment for a term not exceeding five
years, or both such fine and imprisonment;
(b) conviction on indictment before a Circuit Court, to--
(i) in the case of a first offence, a fme or imprisonment for a term not exceeding ten years, or both such fine and imprisonment;
(ii) if any damage is caused as a result of the
commission of the offence, a fme or imprisonment for a term not exceeding fifteen years, or both
such fine and imprisonment; or
(iii) in the case of a second or subsequent offence, regardless of whether or not any damage is
caused, a fine or imprisonment for a term not exceeding twenty years, or both such fine and
imprisonment.
( a) uses a computer to send to another person any data (whether in the form of a message or otherwise) that is obscene,constitutes a threat, or is menacing in nature; and
(b) intends to cause, or is reckless as to whether the sending of the data causes, annoyance, inconvenience, distress, or anxiety, to that person or any other person.
(2) An offence is committed under subsection ( 1) regardless of whether the actual recipient of the data is or is not the person to whom the offender intended the data to be sent.
(3) A person who commits an offence under subsection ( 1) shall be liable upon-
( a) summary conviction before a Resident Magistrate, to-
(i) in the case of a first offence, a fine not exceeding four million dollars or imprisonment for a term not exceeding four years, or both such fine and imprisonment;
(ii) if any damage is caused as a result of the commission of the offence, a fine not exceeding
five million dollars or imprisonment for a term not exceeding five years, or both such fine and
imprisonment; or
(iii) in the case of a second or subsequent offence, regardless of whether or not any damage is
caused, a fine not exceeding five million dollars or imprisonment for a term not exceeding five
years, or both such fine and imprisonment;
(b) conviction on indictment before a Circuit Court, to--
(i) in the case of a first offence, a fme or imprisonment for a term not exceeding ten years, or both such fine and imprisonment;
(ii) if any damage is caused as a result of the
commission of the offence, a fme or imprisonment for a term not exceeding fifteen years, or both
such fine and imprisonment; or
(iii) in the case of a second or subsequent offence, regardless of whether or not any damage is
caused, a fine or imprisonment for a term not exceeding twenty years, or both such fine and
imprisonment.