Prohibition of interception

(1) Except as provided in this section, any person who with intent intercepts communication in the course of its transmission by means of a public postal service or a communication network without authorisation, commits an offence and, on conviction on indictment, is liable to– (a) a fine of not less than twenty five thousand dollars and not exceeding fifty thousand dollars or to a term of imprisonment not exceeding three years in the first instance; (b) a fine of not less than fifty thousand dollars and not exceeding one hundred thousand dollars or to a term of imprisonment not exceeding five years in the second instance; and (c) a fine of one hundred thousand dollars and a term of imprisonment not exceeding five years in the subsequent instances. Interception of Communications[CAP. 229:01 15 (2) A person who with intent intercepts a communication in the course of its transmission by means of a public postal service or a communication network for the purpose of commercial benefit, political advantage, or criminal activity commits an offence and, on conviction on indictment, is liable to– (a) a fine of not less than fifty thousand dollars and not exceeding one hundred thousand dollars or to a term of imprisonment not exceeding five years in the first instance; (b) a fine of not less than one hundred thousand dollars and not exceeding two hundred thousand dollars or to a term of imprisonment not exceeding ten years in the second instance; and (c) a fine of two hundred thousand dollars and a term of imprisonment not exceeding ten years in the subsequent instances. (3) A person does not commit an offence under sub-section (1) if– (a) the is in accordance with an interception direction issued pursuant to section 6 of this Act or an entry warrant issued pursuant to section 9 of this Act; (b) that person has written or otherwise documented authorisation consenting to the interception from the person to whom or from whom the communication is transmitted; (c) the communication is acquired in accordance with the provisions of the Belize Telecommunications Limited Act, the 16 [CAP. 229:01Interception of Communications Financial Intelligence Unit Act or any other law; or (d) the interception is of a communication made through a communication network that is so configured as to render the communication readily accessible to the general public. (4) A court convicting a person of an offence under this Act may, in addition to any penalty which it imposes in respect of the offence, order the forfeiture or disposal of any device used in the of this Act, commission of the offence as provided by section 26 (3) to (9) of this Act. (5) For the purposes of this section, communication– (a) communication in the course of transmission by means of a communication network in real time; or, (b) communication stored in a manner that enables the recipient to receive that communication or otherwise have access to it.