Cyber Security and Data Protection
with or without the intention of lowering the child’s inhibitions
in relation to sexual activity or inducing the child to have sexual
relations with that person;
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shall be guilty of an offence and liable to a fine not exceeding level 14
or to imprisonment for a period not exceeding five years or to both such
fine and such imprisonment.
165B
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Search and seizure
(1) In this section “seize” includes—
(a) taking possession of or securing a computer;
(b) securing a computer system or part thereof or a computer-data
storage medium;
(c) taking a printout or output of computer data;
(d) making and retaining a copy of computer data, including
through the use of use of onsite equipment;
(e) activating any onsite computer system or computer data
storage media;
(f) maintaining the integrity of any stored relevant computer
data;
(g) rendering inaccessible or removing computer data in the
accessed computer system.
(2) A magistrate may, on an application by a police officer
in the prescribed form, that specified computer data or a printout or
other information is reasonably required for the purpose of a criminal
investigation or criminal proceedings, order that—
(a) a person in Zimbabwe in control of the relevant computer
system produce from the system specified computer
data or a printout or other intelligible output of that
data; or
(b) an electronic communications service provider in
Zimbabwe produce information about persons who
subscribe to or otherwise use the service.
(3) An application referred to in subsection (1) shall be supported
by an affidavit in which the police officer shall set out the offence being
investigated, the computer system in which it is suspected to be stored,
the reasonable grounds upon which the belief is based, the measures that
will be taken in pursuance of the investigation and the period over which
those measures will the taken.
(4) A police officer granted a warrant in terms of this section
may—
(a) if there are reasonable grounds to believe that computer
data concerned is susceptible to loss, alteration, deletion,
impairment or modification, by written notice given to a
person in control of the computer data, require the person
in control of the data to ensure that the data specified in the
notice is preserved for a period not exceeding seven days
as may be specified in the notice which period may be
extended, on an application to a magistrate, for such period
as the magistrate may grant;
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