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Law / South Sudan

Penal Code Act, 2008, computer and electronic related offences

The Penal Code Act, 2008 (Act 9 of 2008), ss. 388-394 (Computer and Electronic Related Offences)

In force since .

A computer misuse rule binding public and private bodies.

Obligation class
Access restriction
Audit expectation
none

What it requires

  • Do not gain access to, destroy, alter, copy, transfer, or interfere with data, a programme, or a system held in a computer or computer network without authority from its owner.NIST AI RMFMAP 4.1
  • Do not deliberately introduce a computer virus into a computer or computer network without authority from its owner.no control in the NIST AI RMF

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
NIST AI 600-1
OWASP LLM Top 10
OWASP Agentic Top 10
  • ASI03Identity and Privilege Abuse
MIT mitigations Draft
  • 2.1Model & Infrastructure Security
  • 3.2Data Governance
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-6Access the AI system gets to other systems and data sources is minimal and risk assessed.

Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Unauthorised access committed in an aggravating circumstance under section 392(a) carries imprisonment for a term not exceeding ten years or a fine or both; any other case carries imprisonment for a term not exceeding three years or a fine or both (s. 389(2)).

What it makes you log

Logging duty

Sections 388 to 394 define and punish unauthorised access to or use of a computer or computer network, introducing a computer virus, manipulating a proposed computer programme and misusing a credit or debit card or password. None of them requires anyone to create, keep, produce or review a log or record, and the sections carry no territorial clause of their own.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Sections 388 to 394 of the Penal Code Act, 2008 create a set of computer-misuse offences. Section 389 makes it an offence to gain access to, destroy, alter, copy, transfer, or interfere with data, a programme, or a system held in a computer or computer network without authority from its owner, and section 389(3) provides a defence where the accused was not motivated by malice and the conduct did not materially affect the data, programme, system, or the owner's interests.

Sections 390, 391, 393, and 394 separately criminalise introducing a computer virus, unauthorised manipulation of a proposed computer programme, and unauthorised use of a credit or debit card or of a password or PIN number.

When LexLint raises it

When your app profile says your app crawls the web or trains models.

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