Database of Legislation

Cybercrime
  • Acts against the Confidentiality, Integrity and Availability of Computer, Data and Systems

    • • Illegal access to a computer system
      • Illegal access of computer data
      • Interception of computer data
 Computer misuse offences
 Section 1
 

Original Text

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, or to enable any such access to be secured ;

(b) the access he intends to secure , 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.

(3) 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 12 months 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 six 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.