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Section 134, The Public Elections Act, 2012

Status not yet checkedThe Public Elections Act, 2012, Sierra Leone

(1) A person who, in relation to an election under this Actdoes any act which causes an unauthorized modification of the contents of a computer and who at the time when he does the act, has the requisite intent and the requisite knowledge commits an offence. (2) In subsection (1), “requisite intent” is intent to cause a modification of the contents of a computer and by so doing– (a) to impair the operation of the computer; (b) to prevent or hinder access to a program or data held in a computer; or (c) to impair the operation of a program or the reliability of the data. (3) For the purposes of subsection (1), the intent need not be directed at– (a) a particular computer; (b) a particular program or data or a program or data of any particular kind; or (c) a particular modification or a modification of any particular kind. Unauthorized access with intent to commit or facilitate commission of further offences. Unauthorized modification of computer material. Unauthorized access to computer material. No. 4 The Public Elections Act 2012 No. 4 The Public Elections Act 201282 83 (d) has its output from the computer in which it is held (whether by having it displayed or in any other manner); and references to access to a program or data and to intent to secure such access shall be read accordingly. (2) In subsection (1), a person uses a program if the function he causes the computer to perform- (a) causes the program to be executed; or (b) is itself a function of the program (3) In paragraph (d) of subsection (1)- (a) a program is output if the instructions of which it consists are output; and ( b) the form in which the instructions or any other data is output (and in particular whether or not it represents a form in which, in the case of instructions, they are capable of being executed or, in the case of data, it is capable of being processed by a computer) is immaterial. (4) Access of any kind by a person to a program or data held in a computer is unauthorised if– (a) the person is not entitled to control access of the kind in question to the program or data; (4) In subsection (1), “requisite knowledge” is knowledge that a modification a person intends to cause is unauthorized. (5) In this section, it shall be immaterial whether anunauthorized modification or its intended effect of a kind mentioned in subsection (2) is or is intended to be permanent or temporary. (6) A modification of the contents of a computer shall not be regarded as damaging a computer or computer storage medium unless its effect on that computer or computer storage medium impairs its physical condition. (7) A person who commits an offence under this section is liable on conviction to imprisonment for a term not less than three

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