3ZAUnauthorised acts causing, or creating risk of, serious damage

1

A person is guilty of an offence if—

a

the person does any unauthorised act in relation to a computer;

b

at the time of doing the act the person knows that it is unauthorised;

c

the act causes, or creates a significant risk of, serious damage of a material kind; and

d

the person intends by doing the act to cause serious damage of a material kind or is reckless as to whether such damage is caused.

2

Damage is of a “material kind” for the purposes of this section if it is—

a

damage to human welfare in any place;

b

damage to the environment of any place;

c

damage to the economy of any country; or

d

damage to the national security of any country.

3

For the purposes of subsection (2)(a) an act causes damage to human welfare only if it causes—

a

loss to human life;

b

human illness or injury;

c

disruption of a supply of money, food, water, energy or fuel;

d

disruption of a system of communication;

e

disruption of facilities for transport; or

f

disruption of services relating to health.

4

It is immaterial for the purposes of subsection (2) whether or not an act causing damage—

a

does so directly;

b

is the only or main cause of the damage.

5

In this section—

a

a reference to doing an act includes a reference to causing an act to be done;

b

“act” includes a series of acts;

c

a reference to a country includes a reference to a territory, and to any place in, or part or region of, a country or territory.

6

A person guilty of an offence under this section is (unless subsection (7) applies) liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years, or to a fine, or to both.

7

Where an offence under this section is committed as a result of an act causing or creating a significant risk of—

a

serious damage to human welfare of the kind mentioned in subsection (3)(a) or (3)(b), or

b

serious damage to national security,

a person guilty of the offence is liable, on conviction on indictment, to imprisonment for life, or to a fine, or to both.