Computer misuse offences

1 Unauthorised access to computer material.

1

A person is guilty of an offence if—

a

he causes a computer to perform any function with intent to secure access to any program or data held in any computer F1, or to enable any such access to be secured;

b

the access he intends to secure F2, or to enable to be secured, is unauthorised; and

c

he knows at the time when he causes the computer to perform the function that that is the case.

2

The intent a person has to have to commit an offence under this section need not be directed at—

a

any particular program or data;

b

a program or data of any particular kind; or

c

a program or data held in any particular computer.

F33

A person guilty of an offence under this section shall be liable—

a

on summary conviction in England and Wales, to imprisonment for a term not exceeding F5the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum or to both;

b

on summary conviction in Scotland, to imprisonment for a term not exceeding F412 months or to a fine not exceeding the statutory maximum or to both;

c

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.