Cyber and Data Protection Act, 2021 Zimbabwe 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 (2) Special consideration shall be given when a child is found guilty of any of the offences set out in (1), in line with the law of Zimbabwe: Provided that the penalty shall not give the child a criminal record nor shall the child be imprisoned for this offence. Part III - Offences against children and procedural law 165. Recording of genitalia and buttocks beneath closing without consent (1) Any person who unlawfully and intentionally records an image or video beneath the clothing of another person which depicts this person’s genitalia or buttocks, whether covered by underwear or not, without the consent of the depicted person or with recklessness as to the lack of consent of the person concerned, as far as these are to be protected against sight according to the recognizable will of the depicted person, 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) Section 164E shall apply mutatis mutandis to any person who makes available, broadcasts or distributes a data message containing an image or video as described in (1). 165A. Child sexual abuse material (1) In this Act— "Child sexual abuse material" means any representation through publication, exhibition, cinematography, electronic means or any other means whatsoever, of a child, a person made to appear as a child or realistic material representing a child, engaged in real or simulated explicit sexual activity, or any representation of the sexual parts of a child for primarily sexual purposes. (2) Any person who unlawfully and intentionally, through a computer or information system— (a) produces child sexual abuse material; (b) offers or makes available child sexual abuse material; (c) distributes or transmits child sexual abuse material; (d) procures or obtains child sexual abuse material for oneself or for another person; (e) possesses child sexual abuse material on a computer system or a computer-data storage medium; (f) knowingly obtains, accesses or procures child sexual abuse material; (g) baits a child into the production or distribution of child sexual abuse material; shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding ten years, or both such fine and such imprisonment. (3) Any person of 18 years or above, who unlawfully and intentionally through information and communication technologies, proposes to meet a child who has not reached the age of consent to sexual activity as set by the Criminal Law (Codification and Reform Act) [Chapter 9:23] for the purpose of engaging in sexual activity with him or her, where this proposal has been followed by material acts leading to such a meeting, shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding ten years, or both such fine and such imprisonment. 165B. Exposing children to pornography Any person who unlawfully and intentionally through a computer or information system— (a) makes pornographic material available to any child; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 22