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.