| (a) | Any person who commits an offence referred to in— |
| (ii) | section 7(1), in so far as the passwords, access codes or similar data and devices relate to, |
a restricted computer system, and who knows or ought reasonably to have known or suspected that it is a restricted computer system, is guilty of an aggravated offence.
| (i) | under the control of, or exclusively used by— |
| (bb) | an organ of state as set out in section 239 of the Constitution, including a court; and |
| (ii) | which is protected by security measures against unauthorised access or use. |
| (2) | Any person who commits an offence referred to in section 5(1), 6(1) or 10, and who knows or ought reasonably to have known or suspected that the offence in question will— |
| (a) | endanger the life or cause serious bodily injury to, or the death of, any person, or any number or group of persons; |
| (b) | cause serious risk to the health or safety of the public or any segment of the public; or |
| (c) | create a serious public emergency situation, |
is guilty of an aggravated offence.
| (3) | The Director of Public Prosecutions having jurisdiction must authorise in writing a prosecution in terms of subsection (1) or (2). |
