3Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc.

1

A person is guilty of an offence if—

a

he does any unauthorised act in relation to a computer;

b

at the time when he does the act he knows that it is unauthorised; and

c

either subsection (2) or subsection (3) below applies.

2

This subsection applies if the person intends by doing the act—

a

to impair the operation of any computer;

b

to prevent or hinder access to any program or data held in any computer;F2or

c

to impair the operation of any such program or the reliability of any such data; F1or

d

to enable any of the things mentioned in paragraphs (a) to (c) above to be done.

3

This subsection applies if the person is reckless as to whether the act will do any of the things mentioned in paragraphs (a) F3to (d)F3to (c) of subsection (2) above.

4

The intention referred to in subsection (2) above, or the recklessness referred to in subsection (3) above, need not relate to—

a

any particular computer;

b

any particular program or data; or

c

a program or data of any particular kind.

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 impairing, preventing or hindering something includes a reference to doing so temporarily.

6

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 ten years or to a fine or to both.