Revised Laws of Saint Lucia (2022)

13.   Offences involving protected computer systems

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   (1)   A person who is convicted of an offence under section 5, 7, 8, 9, 10 or 12, in the circumstances referred to in subsection (2) shall, in lieu of the punishment prescribed in the section, be liable, on conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years.

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   (2)   The punishment referred to in subsection (1) applies if the person who committed the offence knew, or ought reasonably to have known, at the material time, that the computer system, program or data is used directly in connection with, or is necessary for—

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      (a)     the security, defence or international relations of Saint Lucia;

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      (b)     the existence or identity of a confidential source of information relating to the enforcement of the criminal law;

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      (c)     the provision of services directly related to communications infrastructure, banking and financial services, public utilities, public transportation or public key infrastructure; or

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      (d)     the protection of public safety, including systems related to essential emergency services such as the police, civil defence and medical services.

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   (3)   For the purposes of any prosecution under this section, it is presumed that, until the contrary is proved, the accused has the requisite knowledge referred to in subsection (2) if there is, in respect of the computer system, program or data, an electronic or other warning stating that unauthorized access to that computer system, program, or data attracts the penalty under subsection (1).