Computer Misuse Act 1990

1 Unauthorised access to computer material. U.K.

(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 [F1 , or to enable any such access to be secured];

(b) the access he intends to secure [F2 , 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.

[F3 (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 [F4 the 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 [F5 12] 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.]

Textual Amendments

F1 Words in s. 1(1)(a) inserted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 35(2)(a), 53 (with s. 38(1)); S.S.I. 2007/434, art. 2 (the inserting provision being repealed for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(2), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)(viii))

F2 Words in s. 1(1)(b) inserted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 35(2)(b), 53 (with s. 38(1)); S.S.I. 2007/434, art. 2 (the inserting provision being repealed for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(2), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)(viii))

F3 S. 1(3) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 35(3), 53 (with s. 38(2)(6)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2(a)

F4 Words in s. 1(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

F5 Word in s. 1(3)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 7(a); S.I. 2015/820, reg. 2(r)(iii)