Computer misuse offences

2 Unauthorised access with intent to commit or facilitate commission of further offences.

1

A person is guilty of an offence under this section if he commits an offence under section 1 above (“the unauthorised access offence”) with intent—

a

to commit an offence to which this section applies; or

b

to facilitate the commission of such an offence (whether by himself or by any other person);

and the offence he intends to commit or facilitate is referred to below in this section as the further offence.

2

This section applies to offences—

a

for which the sentence is fixed by law; or

b

for which a person who has attained the age of twenty-one years (eighteen in relation to England and Wales) and has no previous convictions may be sentenced to imprisonment for a term of five years (or, in England and Wales, might be so sentenced but for the restrictions imposed by section 33 of the M1Magistrates’ Courts Act 1980).

3

It is immaterial for the purposes of this section whether the further offence is to be committed on the same occasion as the unauthorised access offence or on any future occasion.

4

A person may be guilty of an offence under this section even though the facts are such that the commission of the further offence is impossible.

F15

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 F3the 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 F212 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 five years or to a fine or to both.