41Unauthorised acts causing, or creating risk of, serious damage
(1)The Computer Misuse Act 1990 is amended as follows.
(2)After section 3 insert—
“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.”
(3)In section 3A (making, supplying or obtaining articles for use in offences under section 1 or 3), in subsections (1), (2) and (3), for “section 1 or 3” substitute “section 1, 3 or 3ZA”.