Revised Laws of Saint Lucia (2022)

8.   Unauthorized modification of computer material

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   (1)   Subject to section 13 and subsections (3) and (4), a person shall not do any act which he or she knows will cause an unauthorized modification of data held in a computer system for the purpose of—

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      (a)     impairing the operation of the computer system;

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      (b)     preventing or hindering access to any program or data held in any computer system;

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      (c)     impairing the operation of such program or reliability of the data; or

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      (d)     enhancing the operation of a computer system in order to secure unauthorized access to information in another computer system.

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   (2)   A person who contravenes subsection (1), commits an offence and is liable, on summary conviction—

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      (a)     in case of a first offence—

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         (i)     subject to subparagraph (ii), to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both, and

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         (ii)     where the computer system or access to any program or data held in a computer or the operation of any program or the reliability of data is suppressed, modified or otherwise impaired, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months;

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      (b)     in the case of a second or subsequent offence—

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         (i)     subject to subparagraph (ii), to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year or to both, and

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         (ii)     where the computer system or access to any program or data held in a computer or the operation of any program or the reliability of data is suppressed, modified or otherwise impaired, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 18 months.

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   (3)   A person is not liable under this section if that person is acting—

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      (a)     pursuant to measures that can be taken under Part 3; or

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      (b)     in reliance of any other statutory power.

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   (4)   For the purposes of this section, a modification is unauthorized if the person—

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      (a)     whose act causes it, is not the person entitled to determine whether the modification should be made; and

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      (b)     does not have the consent to cause or make the modification from a person who is entitled to give the consent.