Cyber and Data Protection Act, 2021 Zimbabwe 163F. Aggravating circumstances In this Part, an offence is committed in aggravating circumstances if— (a) committed in connection with or in furtherance of the commission or attempted commission of a crime against the State specified in Part III of the Criminal Law Code; (b) it is intended for or results in damaging, destroying or prejudicing the safe operation of an aircraft; (c) it is intended to conceal or disguise the proceeds of unlawful dealing in dangerous drugs or the enjoyment thereof; (d) it results in defeating or obstructing the course of justice; (e) it seriously prejudices the enforcement of the law by any law enforcement agencies; (f) any computer, computer network, information communications network data, programme or system involved is owned by the State, a law enforcement agency, the Defence Forces, the Prison Service, a statutory corporation or a local authority; (g) the offence results in considerable material prejudice or economic loss to the owner of the computer, computer network, data, programme or system; (h) the offence seriously interferes with or disrupts an essential service; or (i) the offence was committed in furtherance of organised crime or the perpetrator was part of an organised criminal gang. Part II - Offences relating to electronic communications and materials 164. Transmission of data message inciting violence or damage to property Any person who unlawfully by means of a computer or information system makes available, transmits, broadcasts or distributes a data message to any person, group of persons or to the public with intent to incite such persons to commit acts of violence against any person or persons or to cause damage to any property shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. 164A. Sending threatening data message (1) Any person who unlawfully and intentionally by means of a computer or information system sends any data message to another person threatening harm to the person or the person’s family or friends or damage to the property of such persons shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. (2) Any person who up skirts and records nude images or videos of a citizen or a foreigner who is resident in Zimbabwe without consent shall be guilty of an offence and liable to a fine not exceeding level 10 or imprisonment for a period not exceeding 5 years or both such fine or such imprisonment. 164B. Cyber-bullying and harassment Any person who unlawfully and intentionally by means of a computer or information system generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 20