Base de Datos de Legislación

Section 303a

Data tampering

(1) Whosoever unlawfully deletes, suppresses, renders unusable or alters data (section 202a (2)) shall be liable to imprisonment not exceeding two years or a fine.

(2) The attempt shall be punishable.

Section 303b

Computer sabotage

(1) Whosoever interferes with data processing operations which are of substantial importance to another by

1.  committing an offence under section303a(1); or

2.  entering or transmitting data (section 202a(2)) with the intention of causing damage to another; or

3.  destroying, damaging, rendering unusable, removing or altering a data processing system or a data carrier,

shall be liable to imprisonment not exceeding three years or a fine.

(2) If the data processing operation is of substantial importance for another’s business, enterprise or a public authority, the penalty shall be imprisonment not exceeding five years or a fine.

(3) The attempt shall be punishable.

(4) In especially serious cases under subsection (2) above the penalty shall be imprisonment from six months to ten years. An especially serious case typically occurs if the offender

1.  causes major financial loss,

2.  acts on a commercial basis or as a member of a gang whose purpose is the continued commission of computer sabotage, or

3.  through the offence jeopardises the population’s supply with vital goods or services or the national security of the Federal Republic of Germany.

(5) Section 202c shall apply mutatis mutandis to acts preparatory to an offence under subsection (1) above.